As reported on the Hunton Retail Resource Blog, on October 20, 2021, a new wave in the fight against “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at both the state and federal level to reign in telemarketing text messages.
Continue Reading Fight Against Robocalls Is Coming for Telemarketing Text Messages

On October 15, 2021, the U.S. District Court for the District of Massachusetts entered a final order approving a $14 million class action settlement resolving claims against Hello Fresh for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. According to plaintiffs’ attorneys, this settlement is the largest TCPA class action settlement in Massachusetts state history.
Continue Reading Court Approves Settlement with HelloFresh Over Alleged TCPA Violations

On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message.
Continue Reading Supreme Court Adopts Narrow Interpretation of ATDS

The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.
Continue Reading Good News for TCPA Defendants

On November 26, 2019, the French Data Protection Authority announced that it had levied a fine of €500,000 on Futura Internationale for various infringements of the EU General Data Protection Regulation.
Continue Reading CNIL Fines French Construction Company for Infringements When Placing Marketing Voice-to-Voice Calls

The UK Information Commissioner’s Office has issued a Monetary Penalty Notice to pensions release provider Grove Pensions Solutions Ltd, fining it £40,000 after the company used contact details collected by a third party for its direct marketing campaign.
Continue Reading UK ICO Fines Pensions Release Provider for Unsolicited Marketing Emails