Court Rules that Textedly Platform is not an ATDS

In Gaza v. Auto Glass America, the Court has granted the Defendant's motion for summary judgment after holding that the platform used by Auto Glass America to send marketing text messages is not an ATDS. As stated in the Court's ruling, "The undisputed record evidence shows that Defendant's representative creates and uploads a list to an online 'platform' from which customer names and phone numbers are selected, text messages drafted, a date and time of delivery is selected, and the 'send' button is pressed, all requiring human intervention." Read a copy of the Court's ruling here. Contact a Telemarketing Attorney if you need defense in a TCPA case. A telemarketing lawyer can help you understand telemarketing regulations, autodialer laws, robocall laws, telemarketing licenses, telemarketing fines, etc.

FTC Files Complaint Against Alleged "Trumpcare" Scam Operator 

Last week, the FTC filed a lawsuit against a healthcare operation that allegedly misled consumers into purchasing health insurance that offered "few, if any, of the fundamental benefits of comprehensive health insurance." The Defendant, Simple Health Plans LLC, allegedly made pitches over the phone to consumers and falsely promised health coverage for preexisting conditions and prescription medications. The company branded their insurance products as "Trumpcare." A Federal Court has granted the FTC's requested restraining order temporarily shutting down the company. Read a copy of the FTC's complaint here. Learn about telemarketing rules, ATDS Definition, and cell phone telemarketing laws. 

FTC Files Complaint Against Alleged Real Estate Scheme

The FTC has announced that they have filed a complaint against what they say is the largest alleged overseas real estate scheme that the agency has ever encountered. According to the FTC's press release, "The alleged scheme took in more than $100 million, marketing lots in what supposedly would become a luxury development in Central America known by several names, including Sanctuary Belize, Sanctuary Bay, and The Reserve. According to the FTC, the defendants duped consumers into buying Sanctuary Belize lots by falsely promising that the development would include luxury amenities and be completed soon, and that the value of the lots would rapidly appreciate. Read a copy of the FTC's complaint here and their press release about the case here.