Boundary between telemarketing and informational calling is blurred. Phone calls promoting free vacations or concert tickets to lure customers are deemed telemarketing under TCPA. What happens when call aims to inform about genuinely free service tied to insurance benefit?
There is more than one way to be rid of TCPA case, as pair of Defendants demonstrated against repeat-litigator Brandon Callier. In Callier v. Wide Marchant Investment, two defendants were sued related to outbound marketing calls made ba third defendant Synergy Financial.
In Jenkins v. Bank of America plaintiff alleged Bank of America continued sending robocalls after lawyer asked them to stop. Bank moved to dismiss. Court refused to take judicial notice of agreement or accept change in terms since document was unauthenticated.
TCPA defendant’s motion to strike class action allegations was granted by Northern District of Illinois. Court held individual questions of consent and availability of established business relationship defense made claims unsuitable for class treatment.
Third Circuit delivered bad news to Dr. Robert Mauthe during latest litigation round through appellate court. Mauthe v. Millennium Health was filed after defendant, company operating labs, allegedly sent Dr. Mauthe fax about free educational seminar.