News & Analysis as of

Telephone Consumer Protection Act Electronic Communications

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
BCLP

Fourth Circuit Holds Faxes Received Online Not Subject to TCPA

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A fax is a fax is a fax… or is it? In a recent ruling in the long-running TCPA junk fax case Career Counseling, Inc. v. AmeriFactors Financial Group, the Fourth Circuit Court of Appeals held that the statute’s prohibition...more

Dorsey & Whitney LLP

Emergency Text Messages Can Save Lives in a Pandemic Without Running Afoul of the TCPA

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Communication is critical in an emergency. It can save lives, mitigate disasters, and, importantly, prevent the spread of disease....more

BCLP

Can a company market to individuals whose information was collected as part of a sweepstakes?

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Federal law sometimes requires that companies obtain consent prior to sending marketing communications. Whether a company needs consent to send a marketing communication to an individual that provided her information as part...more

Eversheds Sutherland (US) LLP

Faxing in the digital age - FCC’s Consumer and Governmental Affairs Bureau finds that faxes sent to online fax services do not...

On December 9, 2019, the Federal Communications Commission (FCC or Commission) released a declaratory ruling in which it found that online fax services that receive unsolicited fax advertisements “sent as email over the...more

Rumberger | Kirk

Is Text Marketing Your Recipe for Success Or Your Company’s Downfall?

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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

Rumberger | Kirk

Significant FCC Ruling Distinguishes Online Fax Services Not in Violation of TCPA

Rumberger | Kirk on

In a welcome win to defendants fighting TCPA fax class actions, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the Bureau) issued a declaratory ruling finding that a facsimile sent to...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

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

Eversheds Sutherland (US) LLP

One and done? Courts split over whether a single text message is actionable

Does receipt of a single unsolicited text message amount to an “injury in fact” sufficient to establish Article III standing to bring a Telephone Consumer Protection Act (TCPA) lawsuit? The Eleventh Circuit says, “no.”...more

McAfee & Taft

Gavel to Gavel: Class-action Christmas in July

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Your dentist, barber and bank send you text messages every day. Electronic communications are part of our lives and our business – but that may change if the Federal Communications Commission has its way. Originally...more

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