June 4, 2019

TCPA Call Compliance Deals and Appeals for 2019

$4.35M TCPA Deal

Home Depot and Atlantic Water and Air will pay a combined $4.35 million to settle a Telephone Consumer Protection Act (TCPA) lawsuit, with allegations that the companies placed unsolicited robocalls to consumers in violation of compliance with the TCPA and requests by individuals to be added to their Do Not Call (DNC) list. The suit, which was filed in 2015, claims that countless robocalls were placed to numbers collected under the premise of “free water tests.”

Although the companies deny the allegations, the TCPA suit will be dropped with the cash payout to all class members who received calls between October 2013 and June 2015. Class members will receive up to $5,000 each.

Dish $61M TCPA Suit Appeal Denied

Last week Dish Network’s appeal to the Fourth Circuit Court in North Carolina against a $61 million TCPA deal was denied, with the court claiming that the satellite company’s arguments did not hold up against the TCPA. Dish has been fighting the suit, originally filed in 2014, in North Carolina and attempting to convince the court that the company should not be accountable for calls made by its 3rd party dealer, Satellite Systems Network (SSN).

“The appellant’s suggestion otherwise is nothing more than an attempt to dismember the TCPA, converting a simple remedial scheme into a fact-intensive quarrel over how long a party was on the line or how irritated it felt when the phone rang,” stated the panel.

Dish has repeatedly denied responsibility for the calls placed by SSN. However, the panel found that Dish was aware of calls being placed by SSN on its behalf – and that SSN’s “entire business model was to make calls like these on behalf of television service providers.”

Checkers $3.5M TCPA Deal

Checkers Drive-In Restaurants Inc. is set to pay $3.5 million to settle a TCPA class-action lawsuit. The restaurant chain allegedly continued to send advertising text messages to customers even after they had unsubscribed from receiving messages.

Lead plaintiff Joel Medgebow, representing a class of 7,700, claims that he received over 20 text messages between December 2018 and January 2019. Medgebow revoked his consent on Dec. 5, 2018 by following text opt-out directions.  Other class members also attempted to revoke consent using phrases including “stop,” “cancel,” “unsubscribe,” “end,” “quit,” “opt out,” and “remove.”

TCPA violation fines can be costly. Learn how you can protect your organization from penalties and brand damage.