News & Analysis as of

Telemarketing

Judge Upholds FTC Staff Opinion that Avatar Calls are Prerecorded Messages under TSR

by Kelley Drye & Warren LLP on

Yesterday, a D.C. district court upheld a recent opinion letter issued by FTC staff that extended robocalling restrictions to telemarketing calls that use so-called soundboard technology or “avatars.” This technology...more

Comply with Telemarketing Laws or Face the Consequences

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced its settlement with “the ring leader of telemarketing operations that blasted illegal robocalls to consumers and called phone numbers listed on the National Do Not...more

Advertising Law - April 2017 #2

Business Supply Scam Operators Banned From Telemarketing - The Federal Trade Commission banned the operators of an office supply business from telemarketing pursuant to a settlement deal in Texas federal court. In...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

TCPA Lawyers Awarded $15M in Legal Fees

by Klein Moynihan Turco LLP on

A United States District Court in Illinois has awarded attorneys’ fees of at least $15.6 million to the TCPA lawyers which shepherded through the largest class settlement in the history of the Telephone Consumer Protection...more

Don’t Lose Your Home and Car: Call a Telemarketing Lawyer

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (the “FTC” or “Commission”) announced that several Texas residents and their respective businesses have agreed to turn over their homes, cars, retirement savings and other valuables to...more

The TCPA: An Unexpected Deterrent to Patient Engagement Tools

by McDermott Will & Emery on

In an age where providers are increasingly taking the management of their patient’s health online and out of the doctor’s office, the creation of scalable and nimble patient engagement tools can serve to improve patient...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

$7.5 Million Reason to Call a Telemarketing Lawyer

by Klein Moynihan Turco LLP on

On March 13, 2017, the Federal Trade Commission (the “FTC” or “Commission”) announced that a slew of Arizona State companies and their owners have agreed to pay $25 million to settle a lawsuit filed in connection with the...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

FCC Proposes Answers to Unwanted Calls

Robocalls and telemarketing calls are reliably the top source of consumer complaints received by the FCC. Despite the good intentions of the 1991 Telephone Consumer Protection Act (TCPA), FCC decisions implementing the TCPA,...more

FTC and 10 States Settle with Caribbean Cruise Lines for Robocall Accusations

Last week, the Federal Trade Commission (FTC) and ten states settled charges against the Florida-based cruise line, Caribbean Cruise Line, Inc. (CCL), for an illegal telemarking campaign that inundated consumers with billions...more

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

by Burr & Forman on

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more

Van Patten V. Vertical Fitness Is No TCPA Killer

by Robins Kaplan LLP on

The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

TCPA Connect - February 2017

Case Not Moot Even After Rule 67 Funds Deposited - Is a Telephone Consumer Protection Act class action moot where a defendant actually deposits sufficient funds with the court to satisfy a plaintiff’s claim pursuant to...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...more

Ninth Circuit Adopts Broad Interpretation of Spokeo and Article III Standing Requirement

by Goodwin on

On Monday, January 30, 2017, the Court of Appeals for the Ninth Circuit held in Van Patten v. Vertical Fitness Group, LLC, No. 14-55980, that the plaintiff’s allegation that he received unsolicited text messages in violation...more

Sixth Circuit: Calls to Prior Customers Violates TCPA

by Miller Canfield on

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class...more

Spokeo-Based Challenge to TCPA Lawsuit Denied by Illinois Federal Court

by Klein Moynihan Turco LLP on

A recent Spokeo-based challenge to a plaintiff’s standing in a Telephone Consumer Protection Act (“TCPA”) lawsuit was denied by a federal court in the Northern District of Illinois. With the denial of the motion to dismiss,...more

Advertising Law - February 2017

SPECIAL FOCUS: Current State of the FTC: Three Top Priorities - On February 2, Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, addressed the ABA 2017 Consumer Protection Conference in Atlanta and...more

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

by Fenwick & West LLP on

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

First Criminal Prosecution Under Amended Arizona Telemarketing Law

by Klein Moynihan Turco LLP on

Last week, Arizona State resident Lukeroy Rose became the first person to plead guilty to an alleged criminal violation of a recently amended Arizona telemarketing law. How can telemarketers and text message marketers...more

Ninth Circuit Further De-Fangs Spokeo in a TCPA Case; Gives Practical Revocation Guidance for the First Time

by Dorsey & Whitney LLP on

The important TCPA cases keep rolling in. Yesterday the Ninth Circuit issued a big new decision addressing three of my favorite topics: Spokeo, express consent, and revocation. ...more

FCC Chairman Pai Offers Ideas for “Aggressive Action” on TCPA Issues

by Kelley Drye & Warren LLP on

To close out his first week as Chairman of the Federal Communications Commission, Ajit Pai spoke briefly at a meeting of the FCC’s Consumer Advisory Committee on Friday, January 27, 2017 and made clear that one of his...more

244 Results
|
View per page
Page: of 10
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!