News & Analysis as of September 22, 2024

Telephone Consumer Protection Act › Terms and Conditions

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

Are Your Website Terms Enforceable? Maybe Not, According to These Recent Decisions

Venable LLP on 8/3/2022

Whether they refer to their online terms as "website terms and conditions," "terms of use," or something else, online marketers and sellers often seek to enforce contracts to manage the relationships with their...more

Watch The Fine Print: Ninth Circuit Majority Opinion Requires Heightened Standards for Reasonably Conspicuous Notice of Browsewrap...

Foley & Lardner LLP on 5/17/2022

A recent decision from the Ninth Circuit illustrates that to be enforceable, website agreement terms must be “reasonably conspicuous” and users must “manifest unambiguous assent” to those terms. In Berman v. Freedom Financial...more

Northern District of California Denies Arbitration in TCPA Class Action, Citing Lack of Affirmative Assent to Arbitrate in Web...

Troutman Pepper on 9/9/2020

On September 1, 2020, a district court in the Northern District of California weighed in on an issue of recurring importance in internet commerce: how does a business obtain a remote consumer’s effective agreement to terms...more

Court Finds Pre-Checked Disclosure Acceptance Box Still “Clickwrap”; Compels Arbitration of TCPA Case

Dorsey & Whitney LLP on 12/18/2017

Dorsey’s TCPA team is already renowned for obtaining first-in-the-nation results. Adding to that pile, Dorsey aided GoSmith, Inc. this week in obtaining a ruling compelling arbitration under facts that have long escaped...more

Federal Court Rules that Terms & Conditions can Provide Express Consent to Receiving Text Messages Under Telephone Consumer...

Kilpatrick Townsend & Stockton LLP on 3/8/2016

The issue of consent is a critical issue in cases alleging violations of the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits making any call using any “automatic telephone dialing system” to “any...more

Lyft Gets Cited by FCC for Robo-Texting

Mintz - Privacy & Cybersecurity Viewpoints on 9/15/2015

Companies that require customers to agree to receive autodialed marketing calls and text messages as a condition for using the companies’ services have been put on notice that they may be in violation of the Telephone...more

Advertising Law - July 2015 #4

Manatt, Phelps & Phillips, LLP on 7/24/2015

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

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