Telephone Consumer Protection Act Advertising

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
News & Analysis as of

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more

Third Circuit Vacates New Jersey District Court’s Dismissal of TCPA-related Case

On October 14, the Court of Appeals for the Third Circuit ruled the recipient – intended or not – of a prerecorded call has standing under the TCPA, so long as the recipient has sufficient ties to the number called. Leyse v....more

FCC Cites Two Companies over Unauthorized Telemarketing Allegations

On September 11, the FCC issued citations against a Pennsylvania-based financial institution and a transportation network company (TNC), alleging that both companies engaged in unlawful business practices by infringing...more

Abercrombie & Hollister to pay out $10 million to settle TCPA class action

On September 11, 2015, Abercrombie & Fitch Co. (Abercrombie) and Hollister Co. (Hollister) agreed to settle a class action complaint alleging that the two clothing retailers violated the Telephone Consumer Protection Act...more

FCC Clarifies TCPA Exemptions for Health Care Calls

In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”), which was enacted to protect the privacy interests of consumers by placing restrictions on unsolicited contacts from automated telephone calls,...more

E-faxes regulated in the same way as conventional faxes under the TCPA

The Federal Communications Commission (FCC) announced on August 28, 2015, that “e-faxes” are considered the same as conventional faxes when it comes to consumer protections and violations of the Telephone Consumer Protection...more

Efaxers Beware! FCC Finds Efaxes Subject to Consumer Protections of TCPA and JFPA

The Federal Communications Commission (“FCC” or “Commission”) has released a declaratory ruling holding that a type of fax that contains unsolicited advertisements – an “efax” – is subject to the consumer protections of the...more

TCPA Connect - August 2015

New Bill Would Create Criminal Penalties for TCPA Violations - Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act? The answer might be "yes" if a bill introduced by Sen....more

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Guest Post - Just the Fax, Ma’am

While Bexis is on vacation, here is a guest post to take up some of the slack. Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office. This one's a little different. It's about the impace of...more

TCPA: New Ruling May Invalidate Your Existing Consumer Consents

Much has been written about the Federal Communication Commission's ("FCC's") recent 138-page Declaratory Ruling and Order that broadened the scope of the Telephone Consumer Protection Act ("TCPA") and will likely encourage...more

Recent FCC Ruling on the TCPA Has Important Implications for Health Care Companies

On July 10, 2015, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Declaratory Ruling”) in response to 21 separate requests seeking clarification or other action on the Telephone Consumer...more

The FCC Speaks Up and Cracks Down on TCPA Rules - Update

n July 10, 2015, the FCC issued its written Declaratory Ruing. On the same day, the Association of Credit and Collection Professionals International (ACA) filed a lawsuit seeking judicial review of the ruling by the United...more

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

Viewing Unsolicited Fax Not Required for TCPA Standing

The Sixth Circuit recently held that standing to sue under the Telephone Consumer Protection Act (TCPA) does not require the plaintiff to have printed, or even viewed, a fax advertisement that violates the TCPA. The Court...more

Advertising Law - June 2015 #4

In Case You Missed It: FCC Adopts Significant Changes to TCPA Rules - Last week, in TCPA Connect, our newsletter devoted to cases and developments surrounding the Telephone Consumer Protection Act, we reported on the...more

The FCC Speaks Up and Cracks Down on TCPA Rules

For the first time since October 2013, the Federal Communications Commission (“FCC”) has issued new rules clarifying the Telephone Consumer Protection Act (“TCPA”). On June 18, 2015, the FCC held a public hearing to debate...more

FCC Approves Proposed Changes to Telephone Solicitation and Text Marketing Rules

Earlier today, the Federal Communications Commission voted 3-2 along party lines to approve Commissioner Tom Wheeler's proposal to "close loopholes and strengthen consumer protection" relating to telemarketing and text...more

FCC Finally Acts to Clarify Ambiguities in the TCPA

Yesterday, the Federal Communications Commission (FCC) once again demonstrated to businesses the wisdom of that old adage, “be careful what you ask for.” The Telephone Consumer Protection Act (TCPA) protects consumers from...more

Companies at New Risk from Tighter FCC Robocall Regulations

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

Illinois Federal Court Follows Eleventh Circuit’s Broad Definition of “Sender” in Blast Fax Case

Through prior posts (see here, here, and here), we have monitored the FCC’s somewhat perplexing distinction between calls and faxes in the context of analyzing direct and vicarious liability under the TCPA. Just two months...more

FCC Chairman Circulates Proposal to Strengthen Consumer Protection Under the TCPA; Open Meeting Scheduled For June 18

On May 27, the FCC released a fact sheet outlining Chairman Wheeler’s proposal for a series of rulings under the Telephone Consumer Protection Act (TCPA) that he asserts will better protect American consumers from unsolicited...more

Impending Declaratory Ruling on Pending FCC TCPA Petitions Portends Stricter Enforcement

The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more

Court Clarifies Free Offers and Dual Purpose Calls

A recent decision from the Southern District of Alabama provides more clarity as to the treatment of “dual purpose” telephone calls to wireless numbers that offer free goods and services. The Federal Communications Commission...more

TCPA Connect - May 2015

Court Orders $22M Payment in TCPA Fax Suit - A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more

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