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News & Analysis as of

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court...more

N.D. Ohio Finds Putative Fax Blast Class Action Fails to Meet Commonality Requirement

A district court in the Northern District of Ohio recently denied a plaintiff’s motion for class certification in a TCPA blast fax case, finding that the proposed class failed to meet the commonality requirement under Federal...more

Thank You Commissioner O'Rielly - FCC Acknowledgment of TCPA Confusion is Long Overdue

But One Vote is Not Enough for Action, Nor Does Action Assure a Favorable Outcome - FCC Commissioner Michael O’Rielly recently blogged that “It is Time to Provide Clarity” on issues swirling around application of the...more

What U.S. Businesses And Others Need To Know About The New Canadian Anti-Spam Law

A new Canadian law taking effect on July 1, 2014, will impact businesses -- whether located in Canada, the United States, or elsewhere -- that send commercial electronic messages to computers located in Canada or that install...more

Canada's Anti-Spam Legislation

Canada will begin regulating commercial electronic messages beginning July 1, 2014, under its new anti-spam legislation, commonly known as Canada's Anti-Spam Legislation (CASL). Under CASL, a commercial electronic message is...more

Bernstein Shur Business and Commercial Litigation Newsletter #37

We are pleased to present the 37th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent developments concerning securities fraud liability against law firms and other...more

Marketing in a Wired World: Telemarketing, Text and E-mail Marketing

Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment....more

Incoming Anti-Spam Software Regulations

Most Canadian businesses will have heard of the incoming Canadian Anti-Spam Law (referred to as CASL, which joins the Canadian pantheon of legislative acronyms like PIPEDA and PIPA). The consent requirements for sending...more

TCPA Connect - Feb 19, 2014

District Court Finds Consent a Valid Defense to TCPA Claims, Even When Customer Had Provided Phone Number Ten Years Before Autodialed Call - The issue of prior consent, and when and if such consent was provided by a...more

Laying Down the Law: Illinois Appellate Courts Confirm Insurance Coverage in TCPA Cases

The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more

Advertising Law - Feb 13, 2014

FTC Drives Car-Related False Ad Suit to Settlement - The Federal Trade Commission recently settled charges with Nissan North America and its advertising agency over deceptive advertising for the Nissan Frontier pickup...more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

How Canada’s Anti-Spam Enforcers Will Cooperate, Coordinate, Share Information

Canada’s Anti-Spam Legislation (CASL) brings with it new legal violations and penalties, some of which become effective as of July 1, 2014. The Canadian Radio-television and Telecommunications Commission (CRTC), the...more

Are LinkedIn Groups Are Out Of Control?

THE WILD, WILD WEST OF LINKEDIN - Many LinkedIn groups are out of control. Group members have discovered they can spam the group and get away with it. Many group admins are not doing a good job managing their groups....more

Look North, Marketers – Canadian Anti-Spam Law is Coming

The US CAN-SPAM Act is old hat for marketers in the US. But it is time to revisit email marketing compliance programs if you send email north of the US border. Canada’s anti-spam law (known as “CASL”) has been debated for...more

CASL Regulations: At Last

Industry Canada released its final regulations to Canada’s anti-spam legislation (CASL) on December 4, 2013. Bottom line: Canada’s new anti-spam law will take effect on July 1, 2014, and it includes significant...more

The Clock Is Running - CASL Is Coming – Is Your Company Ready For It?

Canada’s long awaited anti-spam law (CASL) comes into force as of July 1, 2014. CASL takes the approach of forbidding almost all unsolicited commercial electronic messages (CEMs) and generally speaking, requires intended...more

Are Your Robocalls Legal? Following Federal Law May Not Be Enough

Last week’s Seventh Circuit ruling in Patriotic Veterans v. State of Indiana confirms that businesses should check both federal and state laws before using automatic dialing systems (ATDS) to deliver prerecorded or synthetic...more

Will Recent Auto-Dialer Decisions Help Rein In TCPA Litigation?

Have recent judicial decisions brought much needed sanity to the discussion of what constitutes an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”)? The short answer is:...more

FCC Seeks Comment On What Constitutes “Capacity” As The Term Is Used In The TCPA

The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone numbers to be called, using a random or...more

Are you ready for Canada's Anti-Spam Legislation? Should you be? Part II

If your organization has not yet taken steps to comply, we suggest taking the following steps both to prepare for the possible implementation of Canda's Anti-Spam Legislation ("CASL") and to improve your e-mail marketing...more

Consumer Data Privacy Update for Marketers, Part 2: New Telemarketing/Text Message Marketing Rules Effective October 16, 2013

The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months....more

Are you ready for CASL? Should you be? Part 1

With the federal parliament returning from a long summer break, many in the legal and business communities will be closely watching for any signs as to the future of the still yet to be implemented federal legislation...more

FCC Seeks Comment on Petitions to Mitigate Impact of New Robocall Rules

The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...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

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