News & Analysis as of

Telephone Consumer Protection Act Unsolicited Faxes Marketing

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

Seventh Circuit Throws FCC “Guidance” In Trashcan

Benesch on

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

Mintz

TCPA Litigation Update — No Knowledge, No Problem

Mintz on

While the U.S. Supreme Court’s ruling in Barr v. AAPC and its decision to grant certiorari in Facebook, Inc. v. Duguid, et al. have rightfully been grabbing headlines, defendants continue to make strides with helpful...more

Womble Bond Dickinson

What Constitutes an Advertisement Under the TCPA? Two Courts Draw the Line In Recent Opinions

Womble Bond Dickinson on

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

Mintz

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

Mintz on

FCC Seeks Comment on Petition Requesting Clarification - On March 7, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice seeking comment on a Petition for Expedited Clarification or Declaratory...more

Eversheds Sutherland (US) LLP

Who’s calling? Standards for third-party liability under the TCPA

Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more

Manatt, Phelps & Phillips, LLP

Sixth Circuit Dismisses Defendants in Ruling on Fax ‘Senders’

The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

Slick, well-produced fake talk shows promoted dubious products and undisclosed payment plans. The Federal Trade Commission and the Maine attorney general accused XXL Impressions, ad agency Synergixx, marketing company J2...more

Carlton Fields

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

Carlton Fields on

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - August 2017

Lacking List of Recipients, Sixth Circuit Denies Class Certification - Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more

Robinson+Cole Data Privacy + Security Insider

Advanced Care Scripts Settles Pending TCPA Class Action for $9.25 Million

Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC...more

Manatt, Phelps & Phillips, LLP

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

Manatt, Phelps & Phillips, LLP

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

Carlton Fields

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

Carlton Fields on

Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - May 2015

Court Orders $22M Payment in TCPA Fax Suit - A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more

Butler Snow LLP

But I didn’t send that fax: Eleventh Circuit expands the scope of liability to businesses under the TCPA for unsolicited faxes.

Butler Snow LLP on

Marketing and advertising is a major component of most businesses. In fact, many businesses hire marketing companies or advertisers to help promote their businesses. Recently, the Eleventh Circuit Court of Appeals addressed...more

BakerHostetler

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

BakerHostetler on

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide