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Venable LLP

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

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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

Venable LLP

Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting

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Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 3

In its ongoing action focused on robocalls, the Federal Trade Commission (FTC) is taking steps against two companies that make robocalls possible. It recently announced separate settlements against companies accused of...more

Husch Blackwell LLP

FCC Adopts New Rule That Dramatically Changes the Prior Express Written Consent Requirement under the TCPA

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The Telephone Consumer Protection Act (TCPA) is an incredibly dangerous statute. Designed to crack down on rogue telemarketers, the TCPA has become—in the words of the former chairman of the Federal Communications Commission...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

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By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Moore & Van Allen PLLC

Another Court Rejects “Commercial Pretext” Theory for TCPA Violations

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Invites to free webinars are not unsolicited advertisements, says Maryland federal court - The Telephone Consumer Protection Act (TCPA) prohibits sending an “unsolicited advertisement” to a fax machine, absent certain...more

Womble Bond Dickinson

Court Finds Communications Regarding Employment Opportunity Not Advertisement or Telemarketing Under TCPA

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The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated.  Specifically, the TCPA imposes heightened requirements for calls that are deemed...more

Foley & Lardner LLP

COVID-19: Hospitals and Health Care Providers Included in New Guidance on the Emergency Purpose Exception to the Telephone...

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The Federal Communications Commission (FCC) has issued a Declaratory Ruling providing guidance (Guidance) on the implementation of the Telephone Consumer Protection Act of 1991 (TCPA) as COVID-19 continues to necessitate...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Womble Bond Dickinson

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

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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 – FCC Seeks Comment on the Meaning of “Telemarketing” and “Dual Purpose” Under the TCPA

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Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding....more

Smith Debnam Narron Drake Saintsing & Myers,...

Government Shutdown Leaves Consumers Vulnerable

The U.S. is undergoing the longest government shutdown in the nation’s history, and it is taking a toll on the consumer’s economic welfare in more ways than one. Every day, Americans fall victim to harassing telemarketing...more

Womble Bond Dickinson

What to Do When the Government Shutdown Leaves Your Company Without Access to the National DNC Registry

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On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term “Advertisement”

On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker

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

Manatt, Phelps & Phillips, LLP

Advertising Law - November 2016 #3

Will Green Guides Address Organic? FTC/USDA Roundtable Report - On October 20, 2016, the Federal Trade Commission and the U.S. Department of Agriculture co-hosted a roundtable discussion in Washington, D.C., entitled...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

Polsinelli

TCPA: New Ruling May Invalidate Your Existing Consumer Consents

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Much has been written about the Federal Communication Commission's ("FCC's") recent 138-page Declaratory Ruling and Order that broadened the scope of the Telephone Consumer Protection Act ("TCPA") and will likely encourage...more

Epstein Becker & Green

Recent FCC Ruling on the TCPA Has Important Implications for Health Care Companies

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On July 10, 2015, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Declaratory Ruling”) in response to 21 separate requests seeking clarification or other action on the Telephone Consumer...more

BakerHostetler

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

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On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2015 #3

FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more

Morrison & Foerster LLP

Advertisements Invite Calls: FCC Seeks Comments on Request to Find Automated Calls Consensual When Recipient Advertised Number

The Federal Communications Commission (FCC) seeks comment on a petition asking that the FCC clarify the scope of “prior express consent” under the Telephone Consumer Protection Act (TCPA). Specifically, Citizens Bank asks the...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Jun 13, 2013

SPECIAL FEATURE: Manatt and Mergermarket Release New Study on U.S.-China Deal Activity in Entertainment, Advertising and Digital Media Sectors - Investment and M&A activity between the U.S. and China in the...more

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