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ARTICLE · 18 JANUARY 2018

Monthly TCPA Digest - January 2018

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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This edition of our Monthly TCPA Digest focuses on following opt-out instructions and potential ramifications when a plaintiff fails to properly or reasonably do so.

United StatesMedia, Telecoms, IT, Entertainment
Joshua Briones
Joshua Briones
Russell Fox
Russell Fox
Alexander Hecht
Alexander Hecht
Radhika Bhat
Radhika Bhat
Anne-Marie D. Dao
Anne-Marie D. Dao
Jennifer L. Kelly
Jennifer L. Kelly
Ana Lopez
Ana Lopez
E. Crystal Lopez
E. Crystal Lopez
Esteban Morales
Esteban Morales
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This edition of our Monthly TCPA Digest focuses on following opt-out instructions and potential ramifications when a plaintiff fails to properly or reasonably do so. Rulings from U.S. District Courts in New Jersey and California dismissed cases brought by plaintiffs who sent wordy opt-out text messages instead of following the defendants' straightforward opt-out mechanisms.

Failing to Follow Opt-Out Instructions: One's Revocation Must Be Reasonable

By Anne-Marie Dao

Kohl's Department Stores Inc. was recently successful in obtaining dismissal of a Telephone Consumer Protection Act (TCPA) Class Action Complaint filed against it by Amy Viggiano. The reason? Because Ms. Viggiano failed to properly opt-out of receiving text messages.

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