Savvy business owners are likely familiar with the basics of contract law. As a result, they know the power of words. A single missed word can have a catastrophic impact on a contract. A typo on a date or the inclusion of the wrong name can turn into a legal...
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How much could a TCPA violation cost my business?
by Marketing Law Group | Jun 10, 2021 | Marketing Law
Business owners need to make sure their business follows all sorts of rules and regulations. When balancing so many requirements, it can be hard to know which ones really matter. If you violate the Telephone Consumer Protection Act (TCPA), can it really be so bad?...
Won’t my insurance cover my TCPA case?
by Marketing Law Group | Jun 8, 2021 | Marketing Law
Savvy business leaders know that insurance policies are often slippery. Although a valuable form of protection, a single provision can make the difference between full coverage and being left in the dust. In a recent example, a consumer accused a health insurance...
Facebook case may not be as helpful as we thought
by Marketing Law Group | May 21, 2021 | Marketing Law
In our earlier post, we discussed how the Supreme Court held that the term “automatic telephone dialing system” defined within he Telephone Consumer Protection Act (TCPA) is not one to apply broadly. The holding seems like a big win for businesses, opening the door to...
SCOTUS gives businesses a win against TCPA in Facebook case
by Marketing Law Group | May 4, 2021 | Marketing Law
The Supreme Court of the United States (SCOTUS) unanimously decided that an “automatic telephone dialing system” as defined under the Telephone Consumer Protection Act (TCPA) should have a narrow definition. This ruling was a win for Facebook, who challenged a Ninth...
Feds target insurance companies with TCPA claims
by Marketing Law Group | Apr 21, 2021 | Marketing Law
It all began with a complaint. An individual filed a complaint with the Department of Agriculture, stating that an insurance company she had not done business with for over a decade was harassing her with calls and sales pitches. Although this seems a strange federal...
Does Supreme Court decision signal upcoming changes to the TCPA?
On Behalf of Marketing Law Group | Apr 8, 2021 | Marketing Law
In a recent case, the Supreme Court provided a decision that narrows the scope of the Telephone Consumer Protection Act (TCPA). In this case, Facebook, Inc. v. Duguid, the justices essentially stated that application of the TCPA should not extend beyond the exact...
Supreme Court provides clarity on TCPA with important holding in FB case
On Behalf of Marketing Law Group | Apr 6, 2021 | Marketing Law
Facebook recently found itself headed to the Supreme Court to defend one of the functions used by the site. The case questioned Facebook’s ability to notify users if someone attempts to log into their account from a new device or browser. Noah Duguid, who filed the...
Boston Market heads to court over text messages and the TCPA
On Behalf of Marketing Law Group | Apr 1, 2021 | Marketing Law
The Telephone Consumer Protection Act (TCPA) is a federal law that limits the ability of businesses to contact current, past or potential clients and customers. A failure to abide by the rules of this law can result in serious penalties, costing the business thousands...
Third party TCPA cases often hinge on vicarious liability
On Behalf of Marketing Law Group | Mar 3, 2021 | Marketing Law
The Telephone Consumer Protection Act (TCPA) can extend to hold a company liable for violations made by third-party or vendors. Outsourcing calls and texts to clients may seem like an efficient business practice, but a failure to do so wisely can open your business up...