News & Analysis as of

Telemarketing Prior Express Consent

Faegre Drinker Biddle & Reath LLP

Texas Federal Court Finds Prerecorded Calls to Schedule Pest Inspections Were Informational, Not Telemarketing

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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Contract Language Brings Telemarketing TCPA Allegations to a Halt

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

Orrick, Herrington & Sutcliffe LLP

District Court says defendant violated TCPA written consent requirement

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

Troutman Pepper

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

Troutman Pepper on

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 (US) LLP

Redial: 2023 TCPA Year-in-Review

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

Fenwick & West LLP

Telemarketing in the Age of AI: The FCC’s Latest Ruling

Fenwick & West LLP on

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

BCLP

New TCPA Opt-out Rules Coming as FCC Adopts Report and Order on Revocation of Consent

BCLP on

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

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

Goodwin on

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

Venable LLP

Citing Upcoming Elections, FCC Extends TCPA to Cover AI-Generated Content

Venable LLP on

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

Eversheds Sutherland (US) LLP

“FCC Makes AI-Generated Voices in Robocalls Illegal” (Sometimes)

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

Davis Wright Tremaine LLP

FCC Declares AI Robocalls Subject to Federal Telemarketing Regulation

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

Klein Moynihan Turco LLP

FCC Chairwoman Proposes AI Telemarketing Restrictions

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

Klein Moynihan Turco LLP

Not All Telemarketing Calls Are Unsolicited!!

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

Womble Bond Dickinson

Coalition of State Attorney Generals Take Position on AI in Telemarketing

Womble Bond Dickinson on

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

Kelley Drye & Warren LLP

Calling and Texting Regulations Tightening: FCC Adopts 1:1 TCPA Consent and Do-Not-Text Rules

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

Venable LLP

Maryland Rings in the New Year with an Expanded Telemarketing Law

Venable LLP on

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

Locke Lord LLP

New FCC Rules for Lead Generation ‎Under the TCPA

Locke Lord LLP on

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

Eversheds Sutherland (US) LLP

Federal Communications Commission upends telemarking consent rules

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

BCLP

Not to be a Grinch, but...is Your Business TCPA Compliant? (With Apologies to Dr. Seuss)

BCLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Manatt, Phelps & Phillips, LLP

FCC’s Second Report and Order Will Leave Lead Generation Industry in Limbo

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

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

DarrowEverett LLP on

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

Hinch Newman LLP

Lead Generation Industry Turned Upside Down: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time

Hinch Newman LLP on

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

Faegre Drinker Biddle & Reath LLP

Ninth Circuit “Voices” Its Rejection of Plaintiff’s Attempt to Expand TCPA

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

Womble Bond Dickinson

Connecticut Broadens its Telemarketing Laws

Womble Bond Dickinson on

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

278 Results
 / 
View per page
Page: of 12

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide