Monday, June 4, 2018

Court Holds that Manual Clicking Platform is Not an ATDS

Yet another good click-to-call court decision this year: In Bria Maddox v. CBE Group, Inc., a judge has ruled that CBE's Manual Clicker Application is not an ATDS because it requires call-by-call human intervention. The judge has granted CBE's motion do dismiss the TCPA claim of the plaintiff. Read the full order here. Learn more about the definition of ATDS, telemarketing compliance, and telemarketing regulations.

TCPA Litigation Down Relative to 2017


WebRecon has released new data showing litigation statistics related to complaints under regulations like the TCPA and FDCPA. The number of TCPA cases filed between January and April 2018 is down by over 17% relative to the same period last year. Read WebRecon's full report here. It's too early to say if this is a result of the recent ACA v. FCC decision, but this is an interesting trend to keep an eye on over the upcoming months. Contact a TCPA lawyer or a telemarketing compliance lawyer if you find yourself involved in a TCPA lawsuit.

Student Loan Debt Relief Operation Settles FTC Charges


The FTC has reached a settlement with Strategic Student Solutions and Bloom Law Group for allegedly charging consumers illegal fees and making false promises to reduce their student loan debt. According to the FTC's press release, Strategic Student Solutions "preyed on consumers with student loan debt by falsely promising to reduce their debt or payments through enrollment in student loan forgiveness or other programs. The defendants also falsely promised to apply monthly payments to consumers’ student loans and to improve credit scores and histories in addition to making other false claims and charging unlawful advance fees." The allegations against Bloom Law Group are similar. Businesses should keep in mind that cases like this are almost always sparked by consumer complaints. To mitigate the risk of facing FTC action, a good starting point is to resolve consumer complaints as quickly as possible. Read the FTC's press release here. If you need compliance or defense help, contact a telemarketing compliance attorney.