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Telephone Consumer Protection Act › User Agreements

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

FCC Takes a Bite Out of FNB’s Apple Pay User Agreement

Goodwin on

The Federal Communications Commission (FCC) recently issued a citation to First National Bank Corporation (FNB) under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, for engaging in telemarketing practices with...more

Perkins Coie

Buried in the Fine Print—The FTC Addresses Prior Express Consent Under the TSR

Perkins Coie on

In a July 14, 2015 letter to PayPal, the FTC indicated that consent language buried within a “lengthy user agreement” does not satisfy the requirement under the Telemarketing Sales Rule (TSR) that companies obtain prior...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2015

Manatt, Phelps & Phillips, LLP on

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

Kelley Drye & Warren LLP

FCC Enforcement Bureau Chief Praises PayPal After Original TCPA Terms Drew Criticism

Kelley Drye & Warren LLP on

Two weeks ago, the Chief of the Enforcement Bureau of the Federal Communications Commission (“FCC”) sent a letter to PayPal, Inc. (“PayPal” or “Company”) stating that the Company’s recent amendments to its User Agreement did...more

Latham & Watkins LLP

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

Latham & Watkins LLP on

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the...more

Wilson Sonsini Goodrich & Rosati

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

Wilson Sonsini Goodrich & Rosati on

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

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