News & Analysis as of

Robocalling Marketing Prior Express Consent

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

Goodwin on

Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more

Jones Day

Florida Makes Significant Changes to State Telemarketing Laws

Jones Day on

Florida law now provides a private right of action for violations of various telemarketing rules, allows the use of certain automated telemarketing methods with prior express written consent, and imposes certain restrictions...more

Carlton Fields

CF on Cyber: An Update on the Changes to the Florida Telemarketing Act

Carlton Fields on

On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron Weiss and Charles...more

Benesch

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Benesch on

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more

Carlton Fields

Supreme Court to Settle Circuit Split on TCPA Autodialer Prohibitions

Carlton Fields on

In our April issue, we covered the beginnings of a circuit split over the extent to which the Telephone Consumer Protection Act (TCPA) prohibits advertisers and other advertising campaigns from using automated dialing...more

Hogan Lovells

Eleventh Cir. Rejects Broad Reading of “Autodialer”

Hogan Lovells on

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Womble Bond Dickinson

What Constitutes an Advertisement Under the TCPA? Two Courts Draw the Line In Recent Opinions

Womble Bond Dickinson on

Under the TCPA, the difference between “informational” messages and “advertisements,” or “solicitations,” can be a subtle one, and, on many occasions, a business’s TCPA liability – and quite possibly its financial stability –...more

Robinson+Cole Data Privacy + Security Insider

FCC issues supplementary information clarifying TCPA robocall rules

We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more

Carlton Fields

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

Carlton Fields on

Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more

Mintz - Privacy & Cybersecurity Viewpoints

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer...more

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