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LawHQ successfully defeated a motion to dismiss in Walker-Schaut v. Lido Labs, a class action brought under Washington's Commercial Electronic Mail Act (CEMA) and the Telephone Consumer Protection Act (TCPA). The court made a handful of significant rulings: First, that CEMA violations are actionable under Washington's Consumer Protection Act (CPA). Second, that failing to identify the sender in text messages violates the TCPA regulations, specifically 47 C.F.R. § 64.1200(d). Third, that the prohibition on making telephone solicitations to phone numbers on the National Do Not Call Registry applies to text messages. This is another big win for consumers nationwide who want to hold companies liable for their intrusive telemarketing.

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LawHQ has won a landmark appeal in the case of Chennette v. Porch. The plaintiffs, who were 51 different clients of our firm, were home improvement contractors who had received unsolicited text messages from the companies GoSmith and Porch.com, offering potential customer leads. The crux of the case revolved around whether the plaintiffs had the right to take action for violations of the do-not-call registry, as they used their phone numbers for both residential and business purposes. The district court initially dismissed the case, siding with the defendants who argued that the plaintiffs lacked statutory standing as the phone numbers were business lines.

Undeterred, LawHQ took the case to the Ninth Circuit Court of Appeals. In a significant ruling, the Ninth Circuit reversed the district court’s decision, establishing a crucial precedent. The court held that there is a presumption that a cell phone placed on the do-not-call registry is residential! This ruling helps protect consumers who use their phone numbers for both personal and business purposes from unsolicited calls and messages. It clarifies that these individuals have the right to seek damages for violations of the TCPA, lending more power to consumers and small businesses alike in their fight against invasive and unwanted telephone spam.

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