Tag Archives: TCPA

Ride Sharing App Lyft Hit With TCPA Claim Based on Marketing Partner

Lyft, Inc. was hit with a putative class action under the Telephone Consumer Protection Act (“TCPA”) this month. The plaintiffs allege that Lyft is liable for text messages sent by Jobcase, Inc., Lyft’s marketing agency. Notably, the plaintiffs believe that Jobcase sent text messages to prospective drivers on behalf of Lyft, including “Maria, START NOW: … Continue Reading

Hotels Shake Off Vicarious Liability Claim In TCPA Suit

Plaintiffs attempting to hold hotels vicariously liable for telemarketing calls placed by another company selling timeshares have failed in their efforts. VIP Travel Services and United Shuttle Alliance Transportation Corp., known collectively as USA, had allegedly placed several dozen calls to the plaintiffs, telling them they had won a Disney vacation and directing them to … Continue Reading

Health Care Providers Pay $1.35 Million in TCPA Fax Settlement

Although the spotlight is usually on unwanted phone calls and text messages when it comes to class actions under the Telephone Consumer Protection Act (TCPA), a recent settlement over the sending of faxes is a reminder to advertisers that all communications should be scrutinized for compliance. Medical & Chiropractic Clinic Inc. had sued radiology provider … Continue Reading

Subway Turns Back Class Action Over Free Sandwich Text Message Promotion

Subway scored a recent victory when a federal court dismissed a putative class action brought by two customers over a free sandwich promotion alleging violations of the Telephone Consumer Protection Act (“TCPA”) after allegedly receiving a text message offering a free 6” Oven Roasted Chicken sub. Subway moved to compel arbitration, seeking to enforce the … Continue Reading

A Gentle Reminder from the FCC: Autodialed Text Messages Fall Under TCPA Restrictions

Last week, the FCC’s Enforcement Bureau issued an enforcement advisory reiterating its position that autodialed text messages must comply with requirements set forth in the Telephone Consumer Protection Act (TCPA).  Though it is unclear what prompted this specific advisory (perhaps, the upcoming holiday season), the Enforcement Bureau issued the warning in order to promote understanding … 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”). The complaint alleges that Lyft sent unwanted and unsolicited text messages to cellphones using an automated dialing system without first obtaining express written consent … Continue Reading
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