TCPAWorld
The World of the Telephone Consumer Protection Act
TCPA class actions against retailers arising out of SMS channel communications continue to roll in, despite Facebook severely limiting the availability of TCPA ATDS claims.
The issue, of course, is the DNC rules that prevent SMS messages to residential phones for marketing purposes absent prior express invitation or permission or an established business relationship.
For instance a consumer in Florida filed a TCPA class action lawsuit against HSN (home shopping network) yesterday in federal court claiming the company sent him promotional text messages without his consent and despite the fact he was on the national DNC list.
Complaint here: HSN COmplaint
The Complaint alleges HSN had a “practice” of sending text messages to consumers on the DNC list and seeks to represent a class of:
All persons throughout the United States (1) who did not provide their
telephone number to HSN, Inc., (2) to whom HSN, Inc. delivered, or
caused to be delivered, more than one call or text message within a 12-
month period, promoting HSN, Inc. goods or services, (3) where the
person’s residential or cellular telephone number had been registered
with the National Do Not Call Registry for at least thirty days before
HSN, Inc. delivered, or caused to be delivered, at least two of the calls
and/or text messages within the 12-month period, (4) within four years
preceding the date of this complaint and through the date of class
certification.
As these cases continue to roll in it is critical that retailers and brands keep the DNC rules in mind. Most companies only seek to contact consumers that sign up for their messages but numerous challenges to compliance exist:
While tools exist to help limit exposure on these challenges it is critical to maintain a strong DNC policy and attendant training to provide a defense. And don’t forget about the new revocation rules!
These revocation rules are killers– MUST CONSIDER before deploying SMS program!
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The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues. View all posts by Eric J. Troutman
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SPAM FROM HOME?: Home Shopping Network (HSN) Hit With New TCPA Class Action Over DNC Text Messages – TCPAWorld.com
