News & Analysis as of

Telephone Consumer Protection Act Telemarketing Sales Rule

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

Insurance Company Hit With Do Not Call Class Action Lawsuit

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more

Venable LLP

Telemarketing and Texting: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and...more

Hinch Newman LLP

What Telemarketers and Lead Generators Need to Know About the FTC’s TSR Recordkeeping Rules

Hinch Newman LLP on

As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more

Kelley Drye & Warren LLP

TSR Updated to Expand Recordkeeping Obligations; Cover B2B Telemarketing Representations; May Expand to Inbound Tech Support...

The beginning of 2024 has brought with it a decided regulatory focus on telemarketing. In the past couple of months, we’ve written about several important FCC actions related to the Telephone Consumer Protection Act (TCPA),...more

Hinch Newman LLP

California Federal Court Holds RVM Platform Provider Not Liable for Violation of Telemarketing Sales Rule

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In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

DarrowEverett LLP on

Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Cozen O'Connor

AG Task Force Issues Warning to VoIP Providers to Avoid Transmitting Illegal Robocalls

Cozen O'Connor on

The Anti-Robocall Multistate Litigation Task Force, comprised of 50 AGs, issued warning letters to eight Voice over Internet Protocol (VoIP) providers regarding concerns that they may be transmitting illegal robocall traffic...more

Alston & Bird

Lead Generator and Its Executives and Owners Found Liable for Violating Telemarketing Sales Rule

Alston & Bird on

An Illinois federal court ruled that Day Pacer, formerly known as EduTrek, and three of the company’s executives violated the Telemarketing Sales Rule (TSR). Our TCPA Counseling & Litigation Team breaks down the case....more

Troutman Pepper

Seven State AGs Announce Settlement With Robocallers

Troutman Pepper on

On August 16, a coalition of seven state attorneys general (AG) announced a settlement with participants alleged to be involved in a “massive” robocall operation. The stipulated order, which names Scott Shapiro, Michael T....more

McGuireWoods LLP

Record Fines and Restrictive Rules: Agencies Take on the TCPA

McGuireWoods LLP on

Recent agency activity — from imposing hefty fines to issuing new rules — demonstrates the FCC and FTC’s continued focus on the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), and underscores the...more

BakerHostetler

AD-ttorneys@law - June 2023 #2

BakerHostetler on

Don’t Look Dumb, Dude; You Sound Dumb - Is this one of those pyramid things? Hell, yeah, it is. If it wasn’t, I wouldn’t be doing it. Do I look dumb enough to go get a job again? Well... According to a recent...more

Orrick, Herrington & Sutcliffe LLP

States receive $245 million judgment against robocall operation

On March 6, the U.S. District Court for the Southern District of Texas entered stipulated orders and permanent injunctions against two individuals who, along with their companies (also named as defendants in the litigation),...more

Wiley Rein LLP

FCC and State AG Partnership Signals Major Shift in Robocall Enforcement

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On July 7, 2022, the Federal Communications Commission (FCC or Commission) and the Attorney General of the State of Ohio (Ohio AG) announced a coordinated enforcement initiative that signals a major shift in how state and...more

Manatt, Phelps & Phillips, LLP

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court. On...more

Cozen O'Connor

Industry And Government Join Forces To Combat Robocalling

Cozen O'Connor on

On September 8, 2021, the National Association of Attorneys General (NAAG), in coordination with Michigan Attorney General Dana Nessel and Ohio Attorney General Dave Yost, kicked off its Robocall Summit. The Summit included a...more

Carlton Fields

Cast Into the Deep: Questions for Charting New Privacy Waters

Carlton Fields on

As insurers consider new data from new sources and new means for consumer outreach, working through the privacy requirements is like navigating choppy waters. The various privacy regimes include...more

BCLP

Supreme Court Issues Game Changing Definition of ATDS Under TCPA

BCLP on

On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more

Ballard Spahr LLP

DISH Network Agrees To Pay $210 Million for Vendors’ Violations In Historic Department of Justice Telemarketing Enforcement Action

Ballard Spahr LLP on

A recent settlement between the U.S. Department of Justice and a media conglomerate underscores the importance of implementing robust Telephone Consumer Protection Act compliance measures, including for third-party vendors. ...more

Davis Wright Tremaine LLP

Seventh Circuit Quietly Effects Potentially Significant Change in Federal Do-Not-Call Laws' "Established Business Relationship"...

In Remanding DISH Telemarketing Damage Award, Appeals Court Decides Collateral Issue That Could Have Far-Reaching Operational Implications - On March 26, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its...more

Manatt, Phelps & Phillips, LLP

FTC Puts VoIP Providers on Notice About TSR, FTC Act Violations

Federal Trade Commission (FTC) staff sent letters to 19 Voice over Internet Protocol (VoIP) service providers, cautioning recipients about “assisting and facilitating” illegal telemarketing or robocalling. The FTC enforces...more

Davis Wright Tremaine LLP

Regulators Turn to Service Providers in Fight Against Robocalls

FCC Asks "Gateway Service Providers" to Help Traceback Efforts of Foreign-Originating Calls, While FTC Warns VoIP Providers Against Facilitating Violations - The Federal Communications Commission (FCC) and Federal Trade...more

Womble Bond Dickinson

Cruise Line Sails into Sea of TCPA Liability from Vendor’s Use of Soundboard Tech

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New communications technologies are being adopted at a rapid pace by industry.  This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA.  One such question, which has seen...more

Womble Bond Dickinson

FCC Seeks Comment on TCPA’s Classification of Calls Placed Using Soundboard Systems

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On the heels of a February 2019 Public Notice regarding the same issue, the Federal Communications Commission’s (“FCC” or Commission”) Consumer and Governmental Affairs Bureau is once again seeking comment on the TCPA’s...more

Womble Bond Dickinson

Don’t Call It a Comeback: The National Do Not Call Registry (“DNCR”) Has Been Here for Years, but DNCR-Based Litigation May Be on...

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Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more

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