Advertising Law -- March 1, 2012


In This Issue:

  • FCC Issues New Regs on Robocalls
  • Lack of Magnetic Attraction Leads to False Ad Suit
  • SEC Cautions Advisers About Risks of Social Media
  • Google’s Privacy Changes Result in FTC Suit
  • FTC Takes on Makers of Kids’ Mobile Apps

Excerpt from FCC Issues New Regs on Robocalls

In an attempt to harmonize the requirements of the Federal Communications Commission with those of the Federal Trade Commission, the FCC recently issued a report and order addressing prerecorded telephone messages made by automated dialers, most commonly referred to as “robocalls.”

Under the new rules, telemarketers must obtain prior, written, express consent before placing a robocall to a consumer. Electronic means of consent – such as through a Web site form, text message, telephone keypress, or voice recording – are permitted provided that the mechanism complies with applicable state and federal law regarding electronic signatures. However, and most importantly, the FCC eliminated the exemption for an “established business relationship,” which permitted companies to place robocalls to consumers with whom they had previously done business.

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:


Manatt, Phelps & Phillips, LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.