Court Holds that Providing Cellphone Number for an Online Purchase Constitutes “Prior Express Consent” Under TCPA

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A federal district court in California recently ruled that a consumer who voluntarily provided a cellphone number in order to complete an online purchase gave “prior express consent” to receive a text message from the business’s vendors under the TCPA. See Baird v. Sabre, Inc., No. CV 13-999 SVW, 2014 WL 320205 (C.D. Cal. Jan. 28, 2014).

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Court Denies Certification of TCPA Class Action Because Class Members Were Not Ascertainable

A federal district court in Maryland refused to certify a class in a TCPA fax-blast case because members of the class sought to be certified were not presently ascertainable using objective criteria after recipient information was destroyed by third-party vendors in the regular course of business. See Brey Corp. (t/a Hobby Works) v. LQ Management LLC, No. 11-cv-00718 (D. Md. Jan. 29, 2014).

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Court Finds That Vendor of VoIP Service That Circumvents Caller Identification is Not Secondarily Liable for Caller’s TCPA Violations

A federal court recently held that a vendor of a VoIP service that allows callers to circumvent caller identification is not secondarily liable for the alleged TCPA violations of the caller that uses that service. See Clark v. Avatar Techs. PHL, Inc., No. 13-2777 (S.D. Tex. Jan. 28, 2014).

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