April 6, 2018

This Week in TCPA Violations

Context Media Health LLC

Chicago-based ContextMedia Health LLC will pay $2.9 million to settle claims that the company violated the Telephone Consumer Protection Act (TCPA) by sending consumers unwanted text messages. An unopposed motion for preliminary settlement has been filed by Illinois federal court. The company sent the text messages as part of their “Healthy Tips” messaging program, where members of the class were sent daily health tips via SMS texts.

Hot Topic

Further, retailer Hot Topic has requested a California federal court to pause a putative class action suit which accuses the company of violating the TCPA. The case claims that Hot Topic sent promotional text messages, but the company claims that parties would be wasting time and money until the Ninth Circuit court establishes a clear definition of an automatic telephone dialing system. The company’s request is in response of a ruling by the D.C. federal circuit court that eliminates some of the liability companies face in the wake of the Federal Communications Commission expanding the reach of the TCPA’s guidelines.

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