Tag Archives: autodialer

TCPA class action costs Rack Room up to $25.97 million

Rack Room Shoes, Inc. (Rack Room) has agreed to pay up to nearly $26 million to settle a class action lawsuit alleging violations of the Telephone Consumer Privacy Act (TCPA).  The lawsuit, Goldschmidt v. Rack Room Shoes, Inc., centers on claims that defendant Rack Room violated the TCPA when it initiated a text message campaign … Continue Reading

FTC and state law enforcement officials step up efforts against illegal telemarketing

The Federal Trade Commission (FTC) announced a joint state-and-federal initiative, “Operation Call It Quits,” which targets illegal telemarketing practices that violate the FTC’s Telemarketing Sales Rule (TSR). The TSR, which applies to interstate telephonic marketing communications intended to “induce the purchase of goods or services or a charitable contribution,” makes it illegal to engage in “abusive” acts and … Continue Reading

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”). This alleges that Lyft sent unwanted and unsolicited text messages to cellphones using an automated dialing system without first obtaining express written consent … Continue Reading

What Constitutes an Autodialer? The Debate Continues

This post was also written by Jack Gindi. A recent state court decision in California, and before it, a district court decision in Alabama, both found that equipment used to facilitate telephone communications must have the current capacity to randomly or sequentially generate telephone numbers in order to be considered an “automatic telephone dialing system.” … Continue Reading

DING-A-LING-A-LING: The FCC Enforcement Bureau Calling!

While telemarketers, debt collectors and others wait for the Federal Communications Commission (FCC) to answer technical questions such as “EXACTLY what is an autodialer,” the FCC has just made clear that the agency, at least, knows one when it sees one! In companion orders released on Friday (3/15/13), the FCC issued citations to two robocallers … Continue Reading
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