February 11, 2019

TCPA Text Violation – $2.5M Settlement

TCPA Text Violation

A $2.5 million settlement penalizing Mid-Atlantic Sports Network (MASN), Hyundai, and Mercedes-Benz for violating the TCPA has been preliminarily approved by a Florida federal judge. The companies are accused of sending unsolicited texts messages with sales promotions. Further, MASN allegedly used an automatic telephone dialing system (ATDS) to send the text messages, which also violates the TCPA.

Plaintiff Sebastian Gonzalez says that the settlement amount “did not come easily” for the proposed class – which is composed of anyone who received a text message from MASN, without giving prior expressed written consent, between December 12, 2013 and the court’s preliminary approval date.

Gonzalez said in an October brief that the defendants “do not contest that they simultaneously peppered thousands of consumers with tens of millions of text messages during the statutory period.” However, he continued that “still, they somehow claim, without presenting a single lick of evidence, that the technology they used does not constitute an automatic telephone dialing system.”

Protect your organization from costly TCPA fines and penalties. 

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

Avoid TCPA and DNC fines. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.

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