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Category Archives: Electronic Direct Marketing

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Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

An Important Issue for Text-Message Marketers There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages between $500 and $1,500 per violation).  And with the growth of easy … Continue Reading

Verizon Wireless Files RICO Suit against Mobile Marketers, Alleges Deception and Fraud in Evasion of MMA Guidelines Requirements for Short Code Campaigns

Cellco Partnership, doing business as Verizon Wireless, filed a lengthy complaint on March 7, 2011, against mobile marketing entities that have conducted short code marketing campaigns on its network. The complaint alleges that these entities failed to comply with the Mobile Marketing Association’s Consumer Best Practices Guidelines for Cross Carrier Mobile Content Services, which Verizon … Continue Reading

Ninth Circuit Limits Standing under CAN-SPAM Act. Preempts Washington Anti-Spam Statute

Gordon v. Virtumundo (9th Cir. Aug. 6, 2009) concerns whether plaintiff James Gordon, a serial CAN-SPAM Act litigant and “professional plaintiff,” had standing to bring a civil action for damages under the Act. There have been inconsistent rulings on CAN-SPAM standing in the lower courts, several of them involving Gordon. Compare the lower court ruling … Continue Reading

Ninth Circuit Executes Dictionary Attack on Telephone Consumer Protection Act

The Ninth Circuit Court of Appeals issued its opinion today in Satterfield v. Simon & Schuster, Inc., a case involving the applicability of the Telephone Consumer Protection Act to text messages sent to cellular phones. The appeals court reinstated a TCPA claim against Simon & Schuster and remanded the case for resolution of disputed fact … Continue Reading
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