News & Analysis as of

TCPA Connect -- Nov 13, 2013

Consent Too Varied to Certify TCPA Class, Court Rules - Hilton Worldwide Inc. scored a victory in California federal court when a judge declined to certify a class of millions of consumers in a TCPA suit. The...more

Changes to the Telephone Consumer Protection Act Effective October 16, 2013 -- Companies must be Compliant or Face Stiff Penalties

The Telephone Consumer Protection Act of 1991, 47 USC 227, et. seq. (“TCPA”) and the accompanying Federal Communications Commission rules (47 CFR 64.100, et. seq.) ban many phone calls and text messages that are sent to a...more

California State Court Makes Short Shrift of TCPA Case Alleging Unlawful Use of an Autodialer

Complying with the TCPA just keeps getting more and more challenging, even as the risk of noncompliance continues to rise; but, FCC, take note: if you don’t provide unambiguous guidance soon regarding what constitutes an...more

New TCPA Rules Effective October 16, 2013

In 2012, the Federal Communications Commission (FCC) revised its regulations under the Telephone Consumer Protection Act ("TCPA"). On October 16, 2013, the final amendments to these regulations requiring prior express written...more

SEC Adopts Rules Lifting Ban On General Solicitation In Private Placement Offerings

The following information concerning new rule amendments just approved yesterday by the Securities and Exchange Commission (SEC) allows companies to engage in general solicitation of investors in private placement offerings....more

SEC Acts To Eliminate Prohibition on General Solicitation and Expand 'Bad Actor' Disqualifications

The Securities and Exchange Commission (SEC) took long-awaited action on July 10, 2013, to finalize and adopt new rules that eliminate the current prohibition against general solicitation and advertising in certain Rule 506...more

UPDATE: Stricter FCC Prerecorded Telemarketing Rules Coming Soon—Compliance Deadlines Set

Our March 15, 2012 advisory below described how the FCC revised its telemarketing rules in an attempt to reconcile them with parallel FTC regulations, but in doing so exceeded what the FTC did in a couple of key areas. The...more

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