Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents...more
4/22/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Data Privacy ,
Data-Sharing ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Lead Generators ,
Marketing ,
Medicare ,
Medicare Advantage ,
PHI ,
Third-Party
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
4/26/2023
/ AMG Capital Management LLC v FTC ,
Cloud Service Providers (CSPs) ,
Endorsements ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Marketing ,
Non-Compete Agreements ,
Restrictive Covenants ,
Screening Procedures ,
Telemarketing Sales Rule ,
Tenants
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached a settlement with MyLife.com, Inc., an online seller of consumer background reports, which bans MyLife from engaging in deceptive negative option...more
2/18/2022
/ Antitrust Violations ,
Background Checks ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Failure To Disclose ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Marketing ,
Misleading Impressions ,
Online Platforms ,
Payment Cancellation ,
ROSCA ,
Settlement Agreements ,
Statutory Violations ,
Subscription Services ,
Telemarketing ,
Telemarketing Sales Rule ,
Terms of Service ,
Unfair or Deceptive Trade Practices ,
Websites
As the use of automatic renewal subscriptions continues to increase, four states have recently contributed to the regulatory landscape. Below is what marketers need to know about the changes in California, Colorado, Delaware...more
Subway avoided liability under the Telephone Consumer Protection Act (TCPA) when an Illinois federal court dismissed the sandwich chain from the action, based on texts from T-Mobile offering its customers a free Subway...more
The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class...more
Lacking List of Recipients, Sixth Circuit Denies Class Certification -
Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more
8/28/2017
/ Advertising ,
Class Action ,
Class Certification ,
Faxes ,
FCC ,
Marketing ,
Notice of Inquiry ,
Robocalling ,
TCPA ,
Text Messages ,
Unsolicited Faxes
Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case -
Why it matters:
Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more
2/23/2017
/ Arbitration ,
Costco ,
FCC ,
Federal Arbitration Act ,
Marketing ,
Prior Express Consent ,
Private Attorneys General Act (PAGA) ,
Product Labels ,
Retailers ,
Social Media ,
Spokeo ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Unsolicited Phone Calls ,
Wage and Hour
New Bill Would Create Criminal Penalties for TCPA Violations -
Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act?
The answer might be "yes" if a bill introduced by Sen....more
8/21/2015
/ Advertising ,
B2B Organizations ,
Consumer Protection Act ,
Criminal Penalties ,
Declaratory Rulings ,
Default Judgment ,
Do Not Disturb ,
FCC ,
Marketing ,
Microsoft ,
Scams ,
TCPA ,
Technology ,
Telemarketing ,
Text Messages ,
Unsolicited Faxes
Court Orders $22M Payment in TCPA Fax Suit -
A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more