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.”
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.
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