Latest news with #TelephoneConsumerProtectionAct
Hindustan Times
11 hours ago
- Business
- Hindustan Times
Credit One Bank $14mn TCPA settlement: How much can you receive and how to file a claim?
Credit One Bank, one of the largest credit card issuers in the US, has agreed to pay $14 million to settle a class action lawsuit. Thousands of people could get up to $1,000 each in compensation. From 2014 to 2019, Credit One Bank and its affiliates allegedly used automated systems to call people without their permission.(Pexels) Here's what you need to know if you think you might qualify—or want to understand why this case is getting so much attention. From 2014 to 2019, Credit One Bank and its affiliates allegedly used automated systems to call people without their permission. That's a violation of the Telephone Consumer Protection Act (TCPA), which bans robocalls made without consent. The calls mostly involved payment reminders or marketing, and they targeted both customers and people with no ties to the bank. In many cases, the calls continued even after people asked for them to stop. Instead of fighting the case in court, Credit One Bank agreed to settle, without admitting wrongdoing, and will pay $14 million to end the lawsuit. Also Read: Credit One settlement payment: Here's what to know about eligibility, amount, and time Who can file a claim You may be eligible to join the settlement if: You got an automated or prerecorded call from Credit One or its affiliates between 2014 and 2019 You did not give permission to receive those calls The phone number belonged to you at the time—even if you weren't a customer You don't need to show phone records, though providing proof can help. Settlement managers will check call logs to confirm if your number was contacted. How much you could receive The amount each person gets will depend on how many valid claims are filed. Experts expect payments between $100 and $1,000 per person. According to Selendroid, about $8 to $9 million of the total $14 million will be available for consumers after legal fees and administrative costs are taken out. How to file a claim Once the court gives final approval, an official website will go live with instructions. If your information is in the bank's records, you'll get a notice by email or mail. To file a claim: Go to the website (coming soon) Enter your personal info and phone number Attach any proof, or submit a sworn statement Choose how you'd like to be paid (check, PayPal, or bank deposit) Submit the claim before the deadline—expected to be 60 to 90 days after claims open When to expect payment Timing depends on court approval and how many claims are submitted. Usually: Claims are reviewed in 3 to 5 months Payments begin 6 to 9 months after final approval Be careful—only trust official emails and websites. Don't pay anyone to help you file. This case highlights the importance of laws that protect consumers from unwanted calls. The TCPA gives people the right to control who contacts them, and how. But this case also points to bigger issues. Beyond robocalls, Credit One has also faced criticism for surprise fees, unclear charges, and poor customer service.
Newsweek
a day ago
- Business
- Newsweek
Justice Kagan Says Supreme Court 'Wrong' on Text, History and Precedent
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Supreme Court Justice Elena Kagan said the majority was "wrong" on matters of text, history and precedent in a dissent published Friday. The Court ruled that courts are not bound to the Federal Communications Commission's (FCC) interpretation of the Telephone Consumer Protection Act (TCPA), which protects businesses and consumers from intrusive telemarketing by prohibiting unsolicited fax advertisements to "telephone facsimile machines." In the 6-3 ruling, liberal Justices Kagan, Sonia Sotomayor and Ketanji Brown Jackson dissented. Why It Matters The Supreme Court's decision could determine the role of FCC rulings in future judicial proceedings. In 2009 and 2010, a subsidiary of health care company McKesson Corporation sent unsolicited fax advertisements to various medical practices, including McLaughlin Chiropractic Associates. McLaughlin sued McKesson in 2014, alleging violations of the TCPA without the notice to opt out required under the statute. In a class-action lawsuit against McKesson, led by McLaughlin, the district court did not distinguish between advertisements received on traditional fax machines and those received through online fax services. A third party with no connection to the litigation petitioned the FCC for a ruling on whether the TCPA applies to online fax services. The FCC ruled that "an online fax service is not a 'telephone facsimile machine.'" The U.S. District Court for the Northern District of California ruled against McLaughlin on claims involving online fax services following the FCC's ruling. The Supreme Court, however, ruled that the FCC's decision did not bind the district court and was instead required to interpret the statute independently. What To Know Justice Brett Kavanaugh, who delivered the Court's majority opinion, warned that ruling in favor of McKesson and the FCC would require district courts to show "absolute deference" to the agency. He said the Court sees "no good rationale" for embodying that position on the Hobbs Act, a 1950 law that allows for a court of appeals to review FCC orders. "As McKesson and the Government see things, when the initial window for pre-enforcement review closes, no one can argue in court that the agency's interpretation of a statute is incorrect—no matter how wrong the agency's interpretation might be," Kavanagh wrote. Kagan disagreed. "The majority today is wrong as a matter of text: The Hobbs Act gives the courts of appeals exclusive jurisdiction to determine the validity of agency action, meaning that district courts have no jurisdiction to do so," Kagan said in her dissent. Kagan said the majority is also "wrong as a matter of history" and "wrong as a matter of precedent" concerning the Hobbs Act. "There is simply nothing in the law to support today's result," Kagan said. Kagan argued that the Court's interpretation of the law prevents it from serving its "intended function." "Today's holding undermines the certainty and finality Congress sought in designing a mechanism for judicial review; it subjects all administrative schemes, and the many businesses and individuals relying on them, to the ever-present risk of disruption," Kagan said. U.S. Supreme Court Justice Elena Kagan sits on a panel at the Ninth Circuit Judicial Conference in Sacramento, California, on July 25, 2024. U.S. Supreme Court Justice Elena Kagan sits on a panel at the Ninth Circuit Judicial Conference in Sacramento, California, on July 25, 2024. AP Photo/Rich Pedroncelli What People Are Saying Supreme Court Justice Brett Kavanaugh, in the majority opinion: "The Hobbs Act dictates how, when, and in what court a party can challenge a new agency order before enforcement. The Act does not purport to address, much less preclude, district court review in enforcement proceedings." Supreme Court Justice Elena Kagan, in a dissent: "The majority today is wrong as a matter of precedent: This Court has held that the Hobbs Act, like its precursors, sets up a single judicial review mechanism for agency rules and orders, and prevents later collateral attacks on them in other courts." What Happens Next The Supreme Court's decision reversed the ruling made by the Ninth Circuit Court of Appeals and remanded the case for further proceedings consistent with this opinion. Do you have a story that Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@
Malaysian Reserve
04-06-2025
- Business
- Malaysian Reserve
EmpiRx Health Launches New Clinical Review Messaging Solution
New Text Notification Solution Strengthens the Pharmacy Care User Experience by Keeping Members Informed in Real-Time on the Status of Their Medications' Clinical Reviews MONTVALE, N.J., June 4, 2025 /PRNewswire/ — EmpiRx Health, the leading pharmacist-led pharmacy benefits management (PBM) company, today announced the launch of a new Clinical Review Messaging solution that provides members with real-time updates on the status of their medications' clinical reviews. This innovative, easy-to-use solution elevates the overall pharmacy care experience by keeping members well informed of the approvals, partial denials, or denials of their medications during the review process. By keeping members continuously updated in real-time, the Clinical Review Messaging solution reduces confusion, enhances transparency, and fosters trust between members, clinicians, and providers. Exemplifying EmpiRx Health's deep commitment to client and member satisfaction and innovation in care delivery, Clinical Review Messaging demonstrates that behind every medication review is a collaborative and clinician-led effort to ensure the best possible patient health outcomes. Ensuring ease of use and removing barriers to access, EmpiRx Health's new Clinical Review Messaging solution makes it effortless for members to stay informed about their medication reviews, no matter where they are. Messages are delivered via SMS, so there's no need to download or learn how to use a new app. Members receive timely, important updates on their mobile phones in a simple and convenient way. 'We're excited to launch this new solution that offers members more peace of mind by helping them understand in real-time exactly where they are in the clinical review of their prescriptions,' said Kim Howland, Chief Product Officer, EmpiRx Health. 'Clinical Review Messaging is another strong example of EmpiRx Health's leadership in providing highly personalized pharmacy care that measurably improves patient health and well-being.' With regard to pricing, the Clinical Review Messaging solution is an affordable enhancement for plan sponsors looking to tangibly improve member communications and engagement. EmpiRx Health follows TCPA (Telephone Consumer Protection Act) Guidelines, with all messages being related solely to health-related items. Members must opt-in to receive text messages and can opt-out at any time. About EmpiRx Health EmpiRx Health is the leading clinically-driven, customer-first pharmacy benefits management (PBM) company that puts the pharmacist at the center of the pharmacy care model. Leveraging our AI-powered pharmacy care platform, Clinically™, EmpiRx Health's clinical pharmacists and client experience teams provide the highest quality care and service. This enables plan sponsors to measurably improve their member health outcomes while substantially reducing prescription drug costs. EmpiRx Health recently launched AllyRx, the first-ever national pharmacy care network specially designed for pharmacy and grocery retailers. With major offices in Montvale, NJ and Orlando, FL, EmpiRx Health celebrated its 10-year anniversary in 2024. To learn more, visit More information on Clinically can be found at and AllyRx at Contact For EmpiRx Health: Stephanie Cox Phone: (201)775-6971 Email: scox@
Yahoo
04-06-2025
- Business
- Yahoo
EmpiRx Health Launches New Clinical Review Messaging Solution
New Text Notification Solution Strengthens the Pharmacy Care User Experience by Keeping Members Informed in Real-Time on the Status of Their Medications' Clinical Reviews MONTVALE, N.J., June 4, 2025 /PRNewswire/ -- EmpiRx Health, the leading pharmacist-led pharmacy benefits management (PBM) company, today announced the launch of a new Clinical Review Messaging solution that provides members with real-time updates on the status of their medications' clinical reviews. This innovative, easy-to-use solution elevates the overall pharmacy care experience by keeping members well informed of the approvals, partial denials, or denials of their medications during the review process. By keeping members continuously updated in real-time, the Clinical Review Messaging solution reduces confusion, enhances transparency, and fosters trust between members, clinicians, and providers. Exemplifying EmpiRx Health's deep commitment to client and member satisfaction and innovation in care delivery, Clinical Review Messaging demonstrates that behind every medication review is a collaborative and clinician-led effort to ensure the best possible patient health outcomes. Ensuring ease of use and removing barriers to access, EmpiRx Health's new Clinical Review Messaging solution makes it effortless for members to stay informed about their medication reviews, no matter where they are. Messages are delivered via SMS, so there's no need to download or learn how to use a new app. Members receive timely, important updates on their mobile phones in a simple and convenient way. "We're excited to launch this new solution that offers members more peace of mind by helping them understand in real-time exactly where they are in the clinical review of their prescriptions," said Kim Howland, Chief Product Officer, EmpiRx Health. "Clinical Review Messaging is another strong example of EmpiRx Health's leadership in providing highly personalized pharmacy care that measurably improves patient health and well-being." With regard to pricing, the Clinical Review Messaging solution is an affordable enhancement for plan sponsors looking to tangibly improve member communications and engagement. EmpiRx Health follows TCPA (Telephone Consumer Protection Act) Guidelines, with all messages being related solely to health-related items. Members must opt-in to receive text messages and can opt-out at any time. About EmpiRx Health EmpiRx Health is the leading clinically-driven, customer-first pharmacy benefits management (PBM) company that puts the pharmacist at the center of the pharmacy care model. Leveraging our AI-powered pharmacy care platform, Clinically™, EmpiRx Health's clinical pharmacists and client experience teams provide the highest quality care and service. This enables plan sponsors to measurably improve their member health outcomes while substantially reducing prescription drug costs. EmpiRx Health recently launched AllyRx, the first-ever national pharmacy care network specially designed for pharmacy and grocery retailers. With major offices in Montvale, NJ and Orlando, FL, EmpiRx Health celebrated its 10-year anniversary in 2024. To learn more, visit More information on Clinically can be found at and AllyRx at Contact For EmpiRx Health: Stephanie Cox Phone: (201)775-6971 Email: scox@ View original content to download multimedia: SOURCE EmpiRx Health Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Martechvibe
28-04-2025
- Business
- Martechvibe
Outdated Laws Are Holding Ecommerce Back
Ecommerce has transformed the way consumers shop and engage with brands, yet the legal frameworks governing digital marketing remain outdated and aren't keeping pace with technological innovations in the industry. Many of the regulations that apply to ecommerce businesses were established long before the rise of mobile commerce, SMS marketing, and the widespread adoption of online shopping. As a result, these laws are not only limiting innovation but are increasingly being exploited in costly and frivolous litigation. And while there needs to be laws and policies in place to protect consumers from true bad actors, ecommerce businesses should not be forced to operate under the constant threat of litigation for engaging in responsible, consumer-friendly marketing practices. How Outdated Laws are Hurting Businesses The Telephone Consumer Protection Act (TCPA) is a prime example. Originally enacted to prevent unwanted telemarketing calls, the TCPA is now frequently misused in lawsuits targeting businesses — often in cases where consumers have explicitly opted in to receive communications. For instance, companies are facing costly litigation for sending marketing texts outside of designated 'quiet hours' (8 a.m. to 9 p.m.), even though this law was intended to curb disruptive phone calls to landlines in the middle of the night or early mornings. Some plaintiffs' lawyers are trying to capitalise on the fear of TCPA litigation, filing hundreds of lawsuits against ecommerce brands that have obtained consent and forcing these businesses to engage in expensive legal battles and 5-figure settlements (which many small ecommerce companies can't afford), which would be a huge hit since ecommerce companies rely on SMS marketing to reach customers and make sales. Similar legal vulnerabilities exist within state 'mini-TCPA' laws such as the Florida Telephone Solicitations Act (FTSA) or the Virginia Telephone Privacy Protection Act (VTPPA). These laws have been manipulated to support lawsuits over hyper-technical violations. In one case, a plaintiff sought $800,000 in damages by opting into a brand's messages and then arguing that he should have been able to submit a hard copy opt-out request. ALSO READ: True Transformation is More Than Upgrading Technology Another lawsuit demanded $225,000 in damages, in part, because the sender's full first and last name was not included in the message—although the company's name was clearly displayed. These cases demonstrate how outdated voice-based laws that are then expanded to include text messaging can be leveraged in ways that do not serve consumer protection but instead create a legal minefield for businesses. The former US FCC Commissioner Mike O'Reilly, who has seen firsthand the challenges of these acts, from both the perspective of the consumer and from businesses, says, 'These laws were designed to protect consumers from real harm, not to serve as a tool for aggressive litigation against businesses that are following best practices.' 'The original intent of the TCPA, for example, was to stop intrusive robocalls—not to penalise brands that are engaging with customers who have actively opted in to receive their messages. Today, these laws are being twisted in ways that punish legitimate businesses for harmless technicalities. Reform is long overdue,' he adds. ALSO READ: How to Scale Retail Without Losing Brand Identity How Ecommerce Businesses Can Protect Themselves Given the increasing legal risks associated with SMS marketing and digital outreach, ecommerce businesses need to take proactive measures to ensure compliance while also advocating for necessary legal reforms. The first and most critical measure is ensuring compliance with existing regulations. This starts with obtaining explicit, documented consent from consumers before initiating any text-based marketing. Maintaining detailed records of consumer opt-ins, opt-outs, and message logs is essential to demonstrating compliance if a dispute arises. Additionally, all marketing communications should include clear disclosures, such as opt-out instructions, to ensure transparency and adherence to best practices. To stay ahead of potential risks, businesses should conduct regular audits of their SMS marketing programs, identifying and addressing compliance gaps before they escalate into costly legal challenges. However, compliance alone is not enough—regulatory change is essential to prevent bad actors from exploiting outdated laws. Ecommerce businesses must actively support initiatives that modernise regulations to better reflect today's digital economy. ALSO READ: Why Your Support and Success Teams Need to Merge A strong example of effective advocacy comes from the Ecommerce Innovation Alliance (EIA), which played a key role in the passage of Virginia SB 1339, closing legal loopholes that had enabled frivolous litigation under the Virginia Telephone Privacy Protection Act (VTPPA). Mike O'Reilly emphasises, 'If businesses don't step up and advocate for clear, modernised regulations, they will continue to operate under a legal framework that is not just outdated but actively harmful to responsible companies. Policymakers need to hear from the brands that are being impacted so that we can ensure consumer protection laws are serving their intended purpose.' To drive meaningful change, businesses should consider joining industry coalitions, engaging policymakers, and voicing their support for updates that bring greater clarity and fairness to digital communication laws. Finally, businesses should explore ways to resist the pressure to settle frivolous lawsuits, as doing so only encourages further exploitation. Many Telephone Consumer Protection Act (TCPA) lawsuits are built on weak claims, banking on businesses choosing to settle rather than endure a lengthy legal battle. Instead of conceding, companies should work with lawyers with deep experience in TCPA cases, carefully evaluate their legal standing, and leverage their compliance records as a strong defense. Organisations like the EIA are already working with regulators, including the Federal Communications Commission (FCC), to challenge abusive litigation and clarify compliance guidelines. By pushing back against bad-faith lawsuits, businesses can help prevent these laws from being weaponised against responsible companies and ensure that consumer protection laws serve their original purpose. The laws governing digital communications must evolve to reflect modern commerce while maintaining genuine consumer protections. However, meaningful change will require proactive engagement from the businesses affected by these outdated regulations. By strengthening compliance efforts, advocating for legislative reform, and challenging frivolous lawsuits, ecommerce companies can help create a legal environment that fosters innovation rather than stifling it. ALSO READ: Without Consent, AI Doesn't Scale—It Crashes The Martechvibe team works with a staff of in-house writers and industry experts. View More ecommerceLawsMessagingopt-insSMS marketingTCPA
