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

Dun & Bradstreet Settles TCPA Class Action Lawsuit for $10 Million

Late last week, Dun & Bradstreet Creditability Corp. and its related entities settled a class action lawsuit. In the lawsuit, the plaintiffs alleged that Dun & Bradstreet violated the Telephone Consumer Protection Act...more

Complaint Alleges T-Mobile and Subway Violated TCPA

On September 6, 2016, a putative class action lawsuit was filed in the United States District Court for the Western District of Washington by two plaintiffs alleging that T-Mobile USA, Inc. (“T-Mobile”) and Subway Sandwich...more

Everything You Need to Know About Texting Your Listeners

Elaine Bonin of Franklin, Wisconsin received several sports scores via text courtesy of CBS Radio but did not recall signing up. Like any good citizen, recognizing that under the Telephone Consumer Protection Act she might...more

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Caribou Coffee faces TCPA class action for unwanted text messages

Caribou Coffee Co. Inc. (Caribou Cofee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to...more

Summary Judgment Granted: Recruiting Text Not Telemarketing or Advertisement Under TCPA

A recent TCPA decision granting defendant’s motion for summary judgment presents interesting issues regarding the definitions of “advertisement” and “telemarketing” and the scope of consent. In Payton v. Kale Realty, LLC,...more

ANA Advertising Law & Public Policy Conference

April 6-7, in Chicago, Ill. The twelfth annual ANA Advertising Law & Public Policy Conference is headed to Chicago for 2016. Join us to hear from leading client-side marketers, top ad lawyers, and important regulators...more

Hold the Phone! Obtaining Prior Consent under the TCPA Before Calling/Texting/Faxing Consumers

The Telephone Consumer Protection Act (TCPA) impacts any business that contacts consumers by phone, text or fax. Among other things, it limits the ability to place calls and send texts to consumers using an automatic...more

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

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

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