Kohl's Successfully Shuts Down TCPA Class Action
In Winner v. Kohl’s, the plaintiffs alleged that the popular retail company started sending them unsolicited text messages using an autodialer (find out what you need to know about autodialer laws). Kohl's filed a motion do dismiss, arguing that the plaintiffs opted in to receive the messages when they texted in an opt-in code that was included as part of an in-store advertisement. A judge granted Kohl's motion to dismiss the case, ruling that Kohl's did have the proper consent to send the marketing text messages. Read the court's opinion here. Learn how to respond to a TCPA lawsuit. Learn more about telemarketing to cell phones.
Credit Union National Association Seeks Exemption from Certain TCPA Regulations
The FCC is asking for comments about a petition that was filed by the Credit Union National Association (CUNA). "CUNA requests that the Commission adopt an established business relationship exemption from the Telephone Consumer Protection Act’s prior-express-consent requirement for informational autodialed or artificial- or prerecorded-voice calls (including text messages) made by or on behalf of credit unions to their members’ wireless phone numbers. Alternatively, CUNA requests that the Commission exercise its statutory authority to exempt from the TCPA’s prior-express-consent requirement credit union informational calls made to its members’ wireless phone numbers that are in fact free to the called party." Find more information about this petition and the commenting process here. Learn more about telemarketing rules.
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