Do Not Call List

News & Analysis as of

Canada’s Anti-Spam Law – not just for Canadians

Canada’s Anti-Spam Law (CASL) enters into force on Canada Day, July 1. It was passed in 2010 as a “made-in-Canada” solution to “drive spammers out of Canada“. Are you outside Canada? It’s important to know that this...more

Accident, Technical Failure, or Human Error? FCC's $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to...

The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers. The...more

Sprint Gets a Wallop of a Reminder – Company-Specific Do Not Call Lists Still Matter – $7.5 Million Record Do Not Call Consent...

Yesterday, the Federal Communications Commission (“FCC”) announced a consent decree with Sprint Corporation for federal do not call violations. Specifically, under the terms of the agreement, Sprint will make a $7.5 million...more

TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim

In a recent case in the U.S. District Court for the Eastern District of Missouri, the district court held that the plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim should be dismissed. The court ruled that the...more

FTC Continues Its Pursuit of "Robocalling" Platforms

With its latest settlement, the Federal Trade Commission shows that its prior targeting of prerecorded voice dialing platforms, as opposed to those who use them to place “robocalls,” was no one-off initiative, and that it has...more

Shortened Grace Period For Canadian Telemarketers

On March 31, 2014, the Canadian Radio-television and Telecommunications Commission issued a new Compliance and Regulatory Policy Notice (CRTC 2014-155). Among other things, the CRTC has shortened the period of time for...more

Advertising Law -- Jan 16, 2014

FTC Makes New Year’s Resolution to Target Deceptive Weight-Loss Claims - While many Americans made New Year’s resolutions to lose weight or get in better shape, the Federal Trade Commission resolved to eliminate...more

The TCPA: Take Care, Pitfalls Ahead

For more than twenty years, the federal government has attempted to limit the number of unsolicited phone calls consumers receive through the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), which is perhaps best...more

Singapore do not call registry Open for registration

From 2 December 2013, consumers who no longer wish to receive telemarketing messages including marketing phone calls, mobile text messages, and faxes from organisations can register their Singapore telephone numbers with the...more

The Top Three Unsettled Telephone Consumer Protection Act Issues

Since its 1991 inception, the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, has continuously evolved and expanded to regulate and impose liability for telemarketing, debt collection, unsolicited facsimiles, and...more

Advertising Law -- Jul 11, 2013

FTC to Search Engines: Make Ads Distinct - Eleven years after last issuing guidance to search engines about displaying paid search results, the Federal Trade Commission sent letters to dozens of companies, including...more

'Do Not Call' Violations Lead to $7.5 Million Civil Penalty

On Thursday, June 27, 2013, the Federal Trade Commission (“FTC”) announced that Mortgage Investors Corporation of Ohio, Inc. (“Mortgage Investors”) will pay a $7.5 million civil penalty for alleged violations of the...more

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money...more

Client Alert: FCC TCPA Declaratory Ruling

A recent FCC ruling has significant implications for any company using third-party telemarketers. The FCC declared that sellers may be held vicariously liable under agency theories for certain violations of the Telephone...more

Keeping Your Canadian Do Not Call Compliance Fresh

The Canadian Radio-television and Telecommunications Commission (CRTC) has announced three recent settlements demonstrating that organizations would do well to ensure they are complying with Canada’s telemarketing rules....more

Advertising News & Analysis - January 31, 2013

In this issue: - FTC Robocall Challenge Draws Almost 750 Submissions - Advertising Substantiation Standards: A Brave New World - Robocall, DNC Violations May Annoy FTC Even More Than the Average Consumer -...more

Advertising News & Analysis – December 6, 2012

In this issue: - Appeals Court Says First Amendment Trumps FDA Off- Label Marketing Rules - FTC Announces 100th Do Not Call Enforcement Action - NuWave v. Emson Highlights Infomercial Copyright and Trademark...more

The Ninth Circuit Holds That The TCPA Prohibits Automated Calls Even When They Do Not Refer To Any Specific Good Or Service

In Chesbro v. Best Buy Stores, LP, No. 11-35784, 2012 WL 4902839 (9th Cir. Oct. 17, 2012), the Ninth Circuit reversed the Western District of Washington’s grant of summary judgment in favor of Best Buy Stores, LP ("Best Buy")...more

Prerecorded Courtesy Calls Providing Rewards Program Information Are Subject to TCPA Consent Requirement, Ninth Circuit Rules

A merchant's prerecorded courtesy calls that provide reward program information to a customer enrolled in the program violate the Telephone Consumer Protection Act (TCPA) if the customer has not consented to the calls, the...more

FTC Cracks Down on Illegal Telemarketing in Debt Relief Scheme and Issues Agenda for Robocall Summit

In an action filed by the Federal Trade Commission, a California district court has issued a temporary restraining order against the operators of debt relief companies that the agency says not only made false representations...more

FTC Sues DISH Network for Violating ‘Do-Not-Call’ Rules in Telemarketing

The FTC recently sued satellite television service operator DISH Network in federal district court in Illinois for violations of the Telemarketing and Consumer Fraud and Abuse Act. The agency claims DISH violated...more

Lead Generation through Mobile Marketing: Legal and Regulatory Realities

A recent enforcement action taken by the Federal Trade Commission (“FTC”) to shut down a marketer using text messages highlights the need to be mindful of the law and regulations that govern mobile marketing. On February,...more

FTC Says Scoot, Rascal! Rascal Scooters Penalized $100,000 for Calling Consumers on the Do Not Call Registry

On April 21, 2011, the Federal Trade Commission (FTC) and Electronic Mobility Corporation (d/b/a Rascal Scooters) entered into a settlement agreement pursuant to which Rascal Scooters agreed to pay $100,000 as a civil penalty...more

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