Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
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Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode....more
Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL...more
Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...more
The Telephone Consumer Protection Act (TCPA) is an incredibly dangerous statute. Designed to crack down on rogue telemarketers, the TCPA has become—in the words of the former chairman of the Federal Communications Commission...more
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
Last month, Florida governor Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act (FTSA) that scale back the scope and reach of the statute, bringing it in line with federal TCPA standards and...more
Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more
Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more
The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated. Specifically, the TCPA imposes heightened requirements for calls that are deemed...more
Many businesses, including retailers, rely on inbound lead generators to identify prospective customers for telephone or text-based direct marketing campaigns. Sourcing inbound leads from a variety of providers allows firms...more
As part of its consideration of the parties’ request for preliminary approval of their settlement agreement of a Telephone Consumer Protection Act (TCPA) class action, a California federal court signaled that an award of full...more
Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more
Text-marketing (or SMS marketing) can be an essential tool for many small businesses. For a small price, any company can send bulk messages to hundreds of phone numbers of existing and potential customers. Originally...more
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
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
Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more
A decision earlier this month out of the Northern District of Illinois provides important cautionary tales for companies sending marketing text messages, as well as text messaging platform providers. Defendants Ralph Lauren...more
Subway avoided liability under the Telephone Consumer Protection Act (TCPA) when an Illinois federal court dismissed the sandwich chain from the action, based on texts from T-Mobile offering its customers a free Subway...more
NARB Sheds Light on Two-for-One Ad Rules - Famed TV marketing company must adjust claims to provide full fee disclosure - Blocks Harmful Rays! “As Seen on TV” seems like one of those ready-made slogans that are just...more
In This Issue: - Puppies Don’t Bring Grandma Home, Says CARU - Influencer Sued for Failure to Influence - FTC Settles With Anti-Diabetes Supplement Company - Ad Agencies Off the Bid-Rigging Hook - Consent Confusion...more
Something about December always makes me nostalgic. Maybe its the short days, the cold nights and the warm drinks but I always fancy a walk or two down memory lane this time of year. The recent decision of Phan v. Agoda,...more
Little known fact: the TCPA is just a tiny little part of something much bigger and more complex called the Communications Act of 1934, as amended by Telecom Act of 1996 (which the FCC loves to just call the “Communications...more
No matter what P.T. Barnum might have said, some publicity is bad publicity. In the case of text message provider Vibe, a decision to (allegedly) advertise that it has sent over 4 billion text messages has lead at least...more
Using a combination of cash and gift cards, Bloomingdale’s agreed to pay a total of $1.4 million to settle a Telephone Consumer Protection Act (TCPA) suit arising over text messages....more
The cannabis industry seems to be attracting a lot attention these days. Eaze Solutions, Inc. – the so-called “Uber of Weed” – was hit with a second class action today alleging it sent unsolicited text messages advertising...more