Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
A Conversation with NAAG President and Iowa Attorney General Tom Miller - Regulatory Oversight Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Robocall Update: New Call Authentication Order and Obligations, Explained
The TCPA: Basics, Targeted Industries, and Trends
A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v....more
One of the most difficult questions to answer in the context of the Telephone Consumer Protection Act is whether a call or text message qualifies as telemarketing and requires heightened consent. In the last month, the US...more
On June 6, the U.S. District Court for the District of Maryland held that the prerecorded telemarking calls placed by a health insurance provider and its affiliated marketing company required prior written consent from...more
A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more
Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more
The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under...more
On February 15, 2024, the Federal Communications Commission (“FCC”) adopted the Draft Report and Order and Further Notice of Proposed Rulemaking (“Report and Order”) that it released last month under the Telephone Consumer...more
Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more
Is a phone call that uses artificial intelligence to imitate a real person “an artificial or prerecorded voice,” subject to the restrictions of the Telephone Consumer Protection Act? The Federal Communications Commission...more
On February 8, 2024, the Federal Communications Commission (FCC) issued a News Release titled “FCC Makes AI-Generated Voices in Robocalls Illegal.” Despite this attention-grabbing headline, the FCC’s unanimous Declaratory...more
Only a week after issuing a statement calling for the regulation of robocalls featuring voices generated by artificial intelligence, the Federal Communications Commission (FCC) adopted a Declaratory Ruling confirming that...more
On January 31, 2024, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel released a statement proposing that the FCC impose blanket restrictions on the use of artificial intelligence (“AI”) in...more
On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this...more
On November 17, 2023, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI), inviting public feedback on the implications of artificial intelligence (AI) on unsolicited and illicit phone calls and text...more
At its last open meeting of 2023, the FCC voted to adopt new rules “to protect consumers from unwanted and illegal text messages and calls.” Among the changes are a new “one-to-one” consent requirement for autodialed...more
Telemarketers celebrating the new year should be aware of Maryland’s new telemarketing law, Stop the Spam Calls Act, which took effect January 1, 2024. Like the federal Telephone Consumer Protection Act (TCPA), Maryland now...more
At its December 13, 2023 meeting, the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second...more
The Federal Communications Commission (FCC) has adopted new rules that will limit businesses’ ability to rely on lead generators and comparison shopping websites to attract new customers. In an Order issued December 13, 2023,...more
Does your business use text message marketing, telemarketing or faxing? If so, you may be exposing yourself to multi-million dollar liability under the Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts...more
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
On November 22, the FCC issued a Second Report and Order with sweeping implications for the lead generation industry. The FCC has tentatively scheduled the issue for a vote during its December 13, 2023 open meeting....more
Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be...more
The Ninth Circuit recently rejected the argument that a text message qualifies as an “artificial or prerecorded voice” under the TCPA. See Trim v. Reward Zone USA LLC, 2023 WL 5025264, 2023 U.S. App. LEXIS 20445 (9th Cir....more
On June 26, 2023 Connecticut Governor Ned Lamont signed Senate Bill 1058 which expands the state’s telemarketing statutes. These changes were backed by Attorney General William Tong, who noted that Connecticut’s robocall...more