Telemarketing Marketing

News & Analysis as of

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more

FCC issues supplementary information clarifying TCPA robocall rules

We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more

FCC Cites Two Companies over Unauthorized Telemarketing Allegations

On September 11, the FCC issued citations against a Pennsylvania-based financial institution and a transportation network company (TNC), alleging that both companies engaged in unlawful business practices by infringing...more

Lyft and First National Bank notified of TCPA violations by FCC

Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to...more

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

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

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

CFPB Reaches $700 Million Settlement to Resolve Credit Card Ancillary Products Investigation

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

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

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

Getting the Deal Through - Advertising and Marketing 2015: Canada

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

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

FTC Continues Its Pursuit of "Robocalling" Platforms

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

Marketing in a Wired World: Telemarketing, Text and E-mail Marketing

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

TCPA Not Violated When Consumer Voluntarily Provided Number to Business

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

Retailers Ask FCC to Clarify that Text Message Responses Are OK

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

Telemarketing? Try Tweeting

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 the Horizon: FCC’s New Telemarketing Rules

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

Anti-spam and direct marketing privacy guidelines

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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