Raymour & Flanigan do not admit any wrongdoing by settling the TCPA class action lawsuit against them. Instead, the settlement provides an option for all parties to resolve the claims without the risk and cost of continuing litigation. Class Members who file a valid claim by June 22, 2019 are estimated receive between $10 and $100.
Full Answer
What are the lawsuit mills in TCPA?
This is their business model. Known as "lawsuit mills", these firms file TCPA class action lawsuits against legitimate businesses for trivial "loophole" violations and hope they settle. In fact, one of the firms who brought the Bloomingdale's suit forward is amongst the most prolific offenders in our view, having filed more than 2,400 TCPA related cases in Federal court to date.
What is a telemarketing text?
Under the TCPA (Telephone Consumer Protection Act) a telemarketing text message is treated like a call to cell phone, except that it requires a written form of prior express consent, rather than just prior express consent. The distinction between telemarketing and non-telemarketing texts is important here because it dictates what type of consent is needed. Oral or implied consent will not fly in court if you are sending a telemarketing text message. However, for non-telemarketing texts to wireless numbers, companies need only obtain oral consent, even if they are using an automatic telephone dialing system (ATDS), although the same should be well documented.
Do you have to be TCPA compliant to text?
Marketing is defined broadly under the law. To be TCPA compliant, you must get the consumer’s prior express written consent and using proper opt-in and opt-out language in the actual messages.
