Deceptive Advertising

Wrong Numbers and Class Actions

Many TCPA claims involve calls erroneously directed to the wrong phone number.  For purposes of the TCPA, a wrong number is defined as a misdialed number, or a number that belongs to someone other than the intended recipient of the call.  While mistakes can and do occur, of particular concern is whether wrong number calls …

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FCC Announces Robocall Enforcement Partnerships

On March 28, the FCC announced the execution of a Memorandum of Understanding (MOU) with the Attorney Generals of Connecticut, District of Columbia, Idaho, Kentucky, Minnesota, New Jersey, and Wyoming establishing formal robocall investigation partnerships with those states.  These new partnerships bring the total number of state-federal robocall partnerships to 22. The MOU between the FCC and the states sets …

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What Happened to the Numbers?

Subscribers accessing the TCPA case database module on our new Litigation Firewall system have doubtless noticed that plaintiff and attorney phone numbers identified by our research team are no longer displayed in case reports.  This is not a bug.  It is a regrettable but necessary response to the California Consumer Privacy Act (CCPA) and similar …

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Sweepstakes Disaster Leads to Company’s Downfall

Although sweepstakes are a time-honored, highly effective means to promote a company, product or service, anyone who has conducted one can attest to the many legal, technical and operational difficulties they can entail.  In a few rare instances, sweepstakes that are poorly conceived or improperly conducted can lead to disastrous consequences, a fact which a company called …

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How Professional Plaintiffs Inflate TCPA Damages

Although the TCPA’s statutory damages provision permits recovery of $500 per violation, which can be trebled for violations shown to be “knowing and willful,”  professional plaintiffs routinely request amounts that far exceed the maximum amount authorized by the statute, and some courts have given them what they asked for.  They manage this by creatively interpreting what constitutes …

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Beware of the Clean Number Callback Request

New Litigant Tactic Can Circumvent the Litigation Firewall Lead or Litigant? When contacted by a lead vendor, both legitimate prospects and TCPA litigants will express interest in the offer and agree to be transferred, but of course, they do so for entirely different reasons.  Legitimate prospects do so because they are genuinely interested in the …

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Company Accused of Suppressing Negative Reviews Settles FTC Enforcement Action

In October 2021, the Federal Trade Commission warned more than 700 businesses that they could incur significant civil penalties (up to $46,517 for each violation) if they use reviews or other endorsements in an unlawful manner. As proof of its intent to actively enforce truthful review and endorsement practices, on January 25, 2022 the FTC …

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Proposed New Law Targets Online Terms of Service

A bipartisan bill recently introduced by Congresswoman Lori Trahan (D-MA-3) and Senators Bill Cassidy (R-LA) and Ben Ray Luján (D-NM) requires companies conducting business online to fully explain certain business practices to consumers on their website. Among other items, the Terms of Service Labeling, Design and Readability (TLDR) Act authorizes the Federal Trade Commission (FTC) …

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Professional Plaintiff’s History of Deception Results in Summary Judgment for Defendant

A TCPA lawsuit in the Western District of Washington recently came to an ignominious end for professional plaintiff Kenneth Johansen. Background In Johansen v. Efinancial LLC, Johansen filed a class action complaint, alleging that Efinancial violated the TCPA by calling his phone number, which was listed on the National Do-Not-Call Registry.  The Defendant filed a Motion for Summary …

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