March 2014

Another TCPA Class Action Dismissed on “Prior Express Consent” Grounds

On February 27, 2014, the United States District Court for the Western District of Washington ruled that a plaintiff who provided his mobile telephone number in connection with registering for a local car-sharing service gave “prior express consent” (within the meaning of the Telephone Consumer Protection Act (“TCPA”)) to be contacted via text message by […]

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ADT Settles Fake Online Review Suit with FTC

Much like the recent actions taken by the New York Attorney General, the Federal Trade Commission (“FTC”) has been cracking down on fake online review practices.  According to the FTC’s Product Endorsement and Testimonial Guidelines, it is a violation of the FTC Act where advertisers use testimonials if they are not accompanied by generalized information

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Federal Judge Rejects TCPA Class Action Settlement

On February 26, 2014, a federal judge for the United States District Court for the Western District of Washington rejected an attempt to settle a class-action Telephone Consumer Protection Act (“TCPA”) lawsuit against Best Buy.  The lawsuit was commenced in April, 2010.  The parties began negotiating a settlement in April of 2013 and by December

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