News & Analysis as of

Robocalling Telemarketing Do Not Call List

Manatt, Phelps & Phillips, LLP

Opt-In Texts Violated the TCPA, Arizona Court Rules

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more

Eversheds Sutherland (US) LLP

Second Circuit adheres to narrow definition of ATDS

On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more

Hudson Cook, LLP

FCC Continues to Roll Out TCPA Changes and Interpretations

Hudson Cook, LLP on

On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more

Klein Moynihan Turco LLP

5 TCPA Compliance Tips

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

Sheppard Mullin Richter & Hampton LLP

FTC Announces Major Expansion of Telemarketing Sales Rule

On March 7, the FTC announced it had finalized substantial revisions to the Telemarketing Sales Rule (the proposed rule was discussed here). Since promulgated in 1995, the TSR has been amended four times, most recently in...more

Hinch Newman LLP

FCC Announces Final Rule Reflecting Changes to TCPA Revocation of Consent

Hinch Newman LLP on

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

Troutman Pepper

FTC Announces Amendments to Telemarketing Sales Rule

Troutman Pepper on

On March 7, the Federal Trade Commission (FTC) announced a final rule updating recordkeeping requirements and extending the protections against misrepresentations of the Telemarketing Sales Rule (TSR) to businesses (Final...more

BakerHostetler

FTC Moves to Modify Telemarketing Sales Rule

BakerHostetler on

The 1995 Telemarketing Sales Rule (TSR), and particularly its later added Do Not Call provisions, come about as close as one can get to a universally popular government program. So anytime the FTC modifies the TSR, it is big...more

Venable LLP

FTC Piles on Additional Recordkeeping Requirements and Business-to-Business Protections

Venable LLP on

The Rule-A-Palooza continues at the FTC. On March 7, 2024, the Federal Trade Commission (FTC) released a Final Rule that updates the recordkeeping requirements under the Telemarketing Sales Rule (TSR). The Final Rule requires...more

Hinch Newman LLP

California Federal Court Holds RVM Platform Provider Not Liable for Violation of Telemarketing Sales Rule

Hinch Newman LLP on

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

Hinch Newman LLP

FTC Implements New TSR B2B Protections and Proposes Rule on Tech Support Scams

Hinch Newman LLP on

On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 3

In its ongoing action focused on robocalls, the Federal Trade Commission (FTC) is taking steps against two companies that make robocalls possible. It recently announced separate settlements against companies accused of...more

Troutman Pepper

Pa. Autodialer Decision Has Turned TCPA Tides in 3rd Circ.

Troutman Pepper on

The U.S. Supreme Court's 2021 decision in Facebook Inc. v. Duguid resolved a long-standing circuit split over the definition of an automatic telephone dialing system, or ATDS, under the Telephone Consumer Protection Act. ...more

Ballard Spahr LLP

FTC Agrees to Settlement with Lead Generator Banning Telemarketing and Robocall Activities

Ballard Spahr LLP on

The Federal Trade Commission (FTC) recently announced a proposed order settling a Complaint against California-based lead generator Response Tree LLC and its president, Derek Doherty, banning them from making or assisting...more

Venable LLP

FTC Bans Lead Generator from Participating in Robocalls in $7 Million Settlement

Venable LLP on

This week, the Federal Trade Commission (FTC) announced a Proposed Stipulated Order with lead generator Response Tree LLC and its president, resolving allegations that the company violated the Telemarketing Sales Rule (TSR)...more

Orrick, Herrington & Sutcliffe LLP

FTC settles with lead generator for deceiving consumers

On January 2, the FTC filed a complaint against a California-based lead generator (the “Company”), alleging that the Company operated as a “consent farm” that deceived consumers into providing their consent to be contacted...more

Cozen O'Connor

FCC Adopts New Telemarketing Consent Rule Based on Bipartisan AG Coalition’s Input

Cozen O'Connor on

The FCC, utilizing input from a bipartisan coalition of 29 AGs, has adopted a new one-to-one consent rule that prevents lead generators from obtaining consumer consent for multiple business sellers at the same time....more

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

Hinch Newman LLP

FCC Adopts New Rule to Close the Lead Generator Robocall and Robotexts Loophole

Hinch Newman LLP on

On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext...more

Goodwin

FCC Proposes New, Stricter TCPA Rules That Would Limit Lead Generation to One-Company Consent

Goodwin on

On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more

Manatt, Phelps & Phillips, LLP

One Business Day After ‘STOP’ Text Not Enough For Suit

A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined....more

Hinch Newman LLP

Lead Generation Industry Turned Upside Down: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time

Hinch Newman LLP on

One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be...more

Eversheds Sutherland (US) LLP

Mini in name only: state “Mini-TCPAs” carry a big bite and present potential oversized risks

The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more

Troutman Pepper

Pennsylvania Federal Court Declines to Dismiss Case Involving Political Message Allowing TCPA Claim Based on Prerecorded Message...

Troutman Pepper on

In Perrong v. Bradford et al, the plaintiff alleged that the defendant, an elected official, violated the Telephone Consumer Protection Act (TCPA) by calling his residential phone using a prerecorded message and an automatic...more

Manatt, Phelps & Phillips, LLP

$40M TCPA Settlement for Real Estate Company

A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements....more

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