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The Evolution of Informed Consent in U.S. Courts
On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising....more
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more
The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses...more
On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more
In an iconic scene from "Terminator 2," Arnold Schwarzenegger's good Terminator perfectly impersonates Edward Furlong's voice in a test to see if the teenager's house was under siege by Robert Patrick's evil Terminator....more
On November 16th, the Federal Communications Commission (“FCC”) and Federal Trade Commission (“FTC”) announced new independent initiatives regarding the use and implications of AI technologies on consumers in the context of...more
Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more
California Adds Biometric Restrictions to Data-Breach Law, Potentially Creating a De Facto Biometric Privacy Law Subject to the governor’s signature, California’s breach-notification law will gain additional requirements...more
FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more
SPECIAL FOCUS: FTC Issues Revisions to the Telemarketing Sales Rule - On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments and clarifications to its...more
The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory...more
SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more