Second Court Holds that Ringless Voicemail Messages are Subject to TCPA

In 2018, a Michigan Judge ruled that ringless voicemail messages were just like any other prerecorded voice message under the TCPA. Last week, a second Judge in the Southern District of Florida made a similar ruling, which can be read here. As stated in the Judge's order, "A construction of the TCPA in which a 'ringless' voicemail is a 'call' is consistent with Congress’s purpose in enacting the TCPA." Users of ringless voicemail messages should understand that rulings like this increase the risk of facing fines and lawsuits going forward. The safest route is to use them just like any other prerecorded message and only send them when you have the proper consent to do so. Learn more about telemarketing compliance, telemarketing regulations, telemarketing rules, robocall laws, autodialer laws, telemarketing license requirements, and do-not-call regulations.

Court Finds that Text Broadcaster May Be Liable Under TCPA

In Bauman v. Saxe, the plaintiff filed a lawsuit against theater company Saxe and cloud based communications company Twilio. Allegedly, Saxe and Twilio worked together to coordinate the timing and content of a text message campaign promoting Saxe. Twilio filed a motion to dismiss, arguing that they were merely transmitters of the messages and therefore faced no liability as they were in no way marketing their own services. The Judge in the case denied Twilio's motion to dismiss, holding that, "Twilio’s alleged involvement was to an extent that Twilio could be considered to have initiated the contact, considering the TCPA’s goal of limiting the nuisance and invasion of privacy caused by automated calls and text messages. Plaintiffs also allege that Twilio not only knowingly allowed DSP to use their platform for automated text messages but actively helped DSP bypass spam filters. Because the FCC has determined that transmitters can be liable under the TCPA under certain circumstances, and because Plaintiffs allege circumstances under which liability is plausible, Plaintiffs state a claim against Twilio under the TCPA." Read the Judge's order in this case here.

Jenny Craig Agrees to $3 Million TCPA Settlement

Popular weight-loss brand Jenny Craig has agreed to pay out $3 million to settle a TCPA class action settlement. According to the complaint, which can be read here, Jenny Craig sent unsolicited marketing text messages to consumers using an ATDS. One of the sample text messages sent by Jenny Craig in the complaint said, "Hi Zoey, It's Liz @ Jenny Craig again. Don't want you to miss our best offer ever! Free 1 yr prog. + $17 off wkly menu for 12 wks. Interested?" You'll notice that the text messages failed to include opt-out language as well. If you are using text messages to market your products or services, ensure that you (1) only text phone numbers for which you have the proper consent, and (2) always include opt-out instructions in the messages. Consumers are more likely to complain or file lawsuits if there is no way to conveniently opt-out of your messages. Contact a TCPA defense attorney if you need help understanding cell phone do-not-call laws or telemarketing compliance. Also consider working with a telemarketing lawyer or TCPA lawyer.

Office Depot and Tech Support Firm Will Pay $35 Million to Settle FTC Allegations

Office Depot and a partnering tech support company will pay $35 million dollars to settle FTC allegations that the companies, "tricked customers into buying millions of dollars’ worth of computer repair and technical services by deceptively claiming their software had found malware symptoms on the customers’ computers." Office Depot will pay $25 million, and the tech support company will pay $10 million. Even if you know your company isn't generating very many consumer complaints at this time, you should always keep an eye out for any complaint that escalates to the point where it may reach the ears of state or federal regulators. Read the FTC's press release about this settlement here.