The TCPA: Basics, Targeted Industries, and Trends
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
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
On July 21, the CFPB announced a nearly $700 million settlement against a leading financial institution and its subsidiaries. According to the consent order, the Bureau alleges that the entities engaged in deceptive...more
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
Legislation and Regulation -
What are the principal statutes regulating advertising generally?
The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more
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
With its latest settlement, the Federal Trade Commission shows that its prior targeting of prerecorded voice dialing platforms, as opposed to those who use them to place “robocalls,” was no one-off initiative, and that it has...more
Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment....more
A federal court in California recently ruled that a plaintiff who was required to enter her phone number to purchase a plane ticket online had consented to receive a text message, and dismissed her claim under the Telephone...more
Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested? The Retail Industry Leaders Association (RILA) thinks not, and has...more
The FCC’s revised rules for telemarketers and text marketers, taking effect in October, could signal a big shift in how companies direct market, posits Julie O’Neill, a Morrison & Foerster attorney specializing in privacy...more
On October 16, 2013, the Federal Communications Commission’s (“FCC”) new rule implementing the Telephone Consumer Protection Act (“TCPA”) will go into effect.
These are rules with teeth, as the TCPA allows recovery of...more
The Telephone Consumer Protection Act (“TCPA”) was passed in hopes of restricting marketing efforts to individuals via mass or automated communication-based systems (i.e., telemarketing). The new provisions are aimed at...more
The Italian Data Protection Authority issued some guidelines aimed at setting out general regulations on privacy-related obligations concerning direct marketing practices and against spamming initiatives which provide very...more
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