Ninth Circuit Court of Appeals Asks California Supreme Court to Weigh in on TCPA Case

Yahoo sued its insurance provider, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, because they refused to cover losses incurred over alleged violations of the TCPA. Yahoo argues that the insurance company had the duty to defend them from TCPA claims under their general liability insurance policy. National Union Fire Insurance refused the coverage, arguing that the policy did not apply to TCPA suits. A District Court sided with the insurer, but the Court of Appeals has determined that this is an unsettled issue and has asked the Supreme Court of California to weigh in on the question of whether an insurance provider has the duty to protect its clients against TCPA claims. Read more here and here. This is an important and interesting case to keep an eye on. It can be difficult for businesses to find insurance providers who are willing to cover them against TCPA claims, and this ruling could potentially open up more opportunities for coverage.  Learn more about telemarketing rules, telemarketing regulations, telemarketing law firms, and cellphone do-not-call laws.

Experian Settles Class Action Lawsuit with T-Mobile Customers

Many of you will recall that credit reporting agency Experian has been facing backlash in recent years as a result of a data breach that the company experienced between 2013 and 2015. Recently, Experian has agreed to settle a class action lawsuit that was filed by T-Mobile customers whose data was compromised during credit checks as part of the phone purchasing and financing process. Learn more about the lawsuit and the settlement here and here. Periodically review the data security of your business to ensure that you don't experience a costly data breach like this.

Travel App Granted Summary Judgment in TCPA Case

In Phan v. Agoda Co. Pte. Ltd. the Plaintiff alleged that the travel company Agoda violated the TCPA when they sent him a text message confirming his hotel reservation. The message also included an invitation to download Agoda's App. A Judge in the Northern District of California ruled that the text message was not marketing in nature, and therefore was not a violation of the TCPA. Instead, the message was transactional and informational in nature, which fell under the consent that the plaintiff had provided when he gave the company his phone number during the reservation process. Read the Judge's order granting Agoda's motion for summary judgment here. Business owners should ensure that they always have the proper consent when sending marketing or non-marketing text messages to consumers. Agoda's success in obtaining implied consent to send non-marketing text messages helped them come out with a win in this case. Contact a TCPA lawyer if you need help understanding telemarketing compliance, robocall laws, cell phone telemarketing laws, or autodialer compliance.