News & Analysis as of

Robocalling Do Not Call List

Comply with Telemarketing Laws or Face the Consequences

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced its settlement with “the ring leader of telemarketing operations that blasted illegal robocalls to consumers and called phone numbers listed on the National Do Not...more

FTC Announces Settlement of Two Big Robocall Lawsuits

by Klein Moynihan Turco LLP on

Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to...more

FCC Robocall Strike Force Releases Its Report on Curbing Unwanted and Illegal Robocalls

by Reed Smith on

On October 26, the Federal Communications Commission convened a second meeting of the Robocall Strike Force, which has been working for two months to develop solutions to the problem of illegal and unwanted robocalls. The...more

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

Court Holds Good Faith Belief of Consent is Complete Defense to TCPA Claim

by Burr & Forman on

In Danehy v. Time Warner Cable Enterprise LLC, No. 5:14-cv-133, 2015 WL 5534285 (E.D.N.C. Sep. 18, 2015), the United States District Court for the Eastern District of North Carolina held that a caller’s good-faith belief of...more

FCC Issues $2.96 Million Fine for Robocalling Violations

by Carlton Fields on

Last week, the FCC issued its self-described “largest forfeiture order” to date for robocalling violations. The Commission announced the $2.96 million fine against a travel company based in Tampa, Florida, and its owner, for...more

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

by Ballard Spahr LLP on

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

Health Care Entities Get Clarity from FCC on Telephone Communications

by K&L Gates LLP on

The health care industry is in the midst of rapid change as governments fight rising health care costs, providers look to comply with myriad new regulations, and technology continues to take a more prominent role in the...more

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

by Ballard Spahr LLP on

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

TCPA Connect - July 2015

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

Advertising Law - July 2015 #3

Harlem Globetrotters Get an Assist From CARU - In a rare loss, the Harlem Globetrotters agreed, at the direction of the Children's Advertising Review Unit (CARU), that their age-screening practices for the company's...more

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

by Davis Wright Tremaine LLP on

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

Companies at New Risk from Tighter FCC Robocall Regulations

by Dorsey & Whitney LLP on

On June 18, 2015, the FCC adopted stronger consumer protections against robocalls and spam texts. The new regulations are a response to hundreds of thousands of consumer complaints about robocalls. The new rules under the...more

FCC Approves New TCPA Rules

by Foley & Lardner LLP on

Today, the FCC ruled on 21 long-standing petitions and letters seeking clarifications of the Telephone Consumer Protection Act. FCC Chairman Tom Wheeler’s proposed rules were approved with a 3-2 vote. The new rules, which...more

Please Hold, Someone Will Be With You Shortly: FCC Action on Pending TCPA Petitions Expected Soon

Following on the heels of FCC Commissioner Michael O’Rielly’s stinging comments imploring the agency to address a backlog of petitions requesting clarification of its Telephone Consumer Protection Act (TCPA) regulations, FCC...more

Alert: FCC Poised to Tighten TCPA Rules

by Cooley LLP on

The chairman of the Federal Communications Commission ("FCC") yesterday announced that the agency will consider making revisions to the FCC's rules implementing the Telephone Consumer Protection Act ("TCPA") to "crack down on...more

FCC Chairman Proposes New TCPA Rules

by Foley & Lardner LLP on

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

Argentina Adopts New Data Protection Regulations for the Use of Do Not Call Registry and CCTV

by McDermott Will & Emery on

The Argentinian Data Protection Authority (DPA) beefs up penalties to fight robocalls and unconsented-to video surveillance by enacting Do Not Call and CCTV regulations....more

Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC

by Ifrah PLLC on

The FTC’s “Do Not Call” and “robocall” rules do not apply to political survey calls. So, if Hillary Clinton sought to “voice blast” a survey about international issues, she could do so without violating the Telemarketing...more

FTC and State AGs: Political Survey Preface Does Not Allow Sales Robocalls to Avoid Do-Not-Call and Telemarketing Sales Rule...

by Davis Wright Tremaine LLP on

The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other companies that, respectively, alleged and...more

FTC Continues Its Pursuit of "Robocalling" Platforms

by Davis Wright Tremaine LLP on

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

The Top Three Unsettled Telephone Consumer Protection Act Issues

by Carlton Fields on

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

Keeping Your Canadian Do Not Call Compliance Fresh

by Dentons on

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

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

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