News & Analysis as of

Advertising Law - May 08, 2014

Defendant Agrees To Telemarketing, Robocalling Ban In FTC Deal - A defendant agreed to a permanent ban from telemarketing and robocalling in a deal with the Federal Trade Commission, by settling allegations he had...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

Bernstein Shur Business and Commercial Litigation Newsletter #37

We are pleased to present the 37th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent developments concerning securities fraud liability against law firms and other...more

Second Circuit Ruling Opens Door to Telephone Consumer Protection Act Class Actions in New York

Litigation under the Telephone Consumer Protection Act (TCPA) has skyrocketed in recent years, with an estimated eighty percent of all cases filed in or transferred to federal court under the statute occurring in the past...more

Are Your Robocalls Legal? Following Federal Law May Not Be Enough

Last week’s Seventh Circuit ruling in Patriotic Veterans v. State of Indiana confirms that businesses should check both federal and state laws before using automatic dialing systems (ATDS) to deliver prerecorded or synthetic...more

FCC Seeks Comment On What Constitutes “Capacity” As The Term Is Used In The TCPA

The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone numbers to be called, using a random or...more

Consumer Data Privacy Update for Marketers, Part 2: New Telemarketing/Text Message Marketing Rules Effective October 16, 2013

The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months....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

Changes to the Telephone Consumer Protection Act Effective October 16, 2013 -- Companies must be Compliant or Face Stiff Penalties

The Telephone Consumer Protection Act of 1991, 47 USC 227, et. seq. (“TCPA”) and the accompanying Federal Communications Commission rules (47 CFR 64.100, et. seq.) ban many phone calls and text messages that are sent to a...more

The Top Three Unsettled Telephone Consumer Protection Act Issues

Since its 1991 inception, the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, has continuously evolved and expanded to regulate and impose liability for telemarketing, debt collection, unsolicited facsimiles, and...more

FCC Seeks Comment on Petitions to Mitigate Impact of New Robocall Rules

The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...more

They’re Here: The FCC’s New Regulations Under the TCPA — Now What?

Consumer class actions alleging violations of the Telephone Consumer Protection Act (TCPA) are on the rise, with consumers filing several new class actions a week in California alone. Easy to file and requiring little upfront...more

New FCC Rules to Protect Telephone Consumers from Autodial/Robocalls

On October 16, 2013, new Federal Communication Commission rules took effect to further protect consumers under the Telephone Consumer Protection Act of 1991 (TCPA). See 47 U.S.C. § 227; 47 C.F.R. § 64.1200. The changes...more

Telemarketing: HIPAA Can Reverse the Charges Under the TCPA

The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely...more

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...more

Advertising Law -- Oct 18, 2013

Introducing TCPA Connect - On October 16, the FCC's updated Telephone Consumer Protection Act (TCPA) regulations finally took effect. The new rules pose significant challenges for companies seeking to communicate with...more

TCPA Connect -- Oct 16, 2013

It's TCPA Day - It's October 16—"TCPA Day." Today the FCC’s updated Telephone Consumer Protection Act (TCPA) regulations will finally take effect. The new rules pose significant challenges for companies seeking to...more

Advertising News & Analysis - October 10, 2013

In this issue: - October 16 is Coming…Is Your Company Ready? - Are Disclaimers a Dying Breed? - It Just Got Easier to Do the Right Thing, in Maine at Least - No Matter Who’s Watching, Some Ads Just...more

Legal Alert: New TCPA Rules Take Effect for Telemarketing Calls

Significant regulatory changes are taking effect under the Telephone Consumer Protection Act (TCPA) on October 16, 2013, due to a revision of the Federal Communications Commission’s (FCC) TCPA rule. The amended rule will now...more

Advertising Law -- Oct 10, 2013

Fourth Circuit "Likes" First Amendment Protection for Social Media Speech - A Facebook "like" is speech protected by the First Amendment, the Fourth U.S. Circuit Court of Appeals ruled, reversing a federal court...more

The New Written Consent Requirements for Telemarketing Calls under the TCPA Go into Effect on October 16, 2013—Are You Ready?

The Federal Communications Commission (FCC) approved and published its amended Telephone Consumer Protection Act (TCPA) regulations in February 2012, imposing additional consent, abandonment, and opt-out requirements for...more

FCC Changes to the Telephone Consumer Protection Act Take Effect October 16

Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular...more

TCPA Autodialer Limits Apply Only to Phone Systems with ‘Present Capacity,’ Alabama Federal Court Rules

An Alabama federal court recently ruled that the limits imposed by the Telephone Consumer Protection Act (TCPA) on the use of autodialers applied only to phone systems that had the “present capacity” to make autodialed calls...more

Out of the Box - Legal guidance for the consumer product + retail industry: Volume 1, Issue 2, September 2013

In This Issue: From Flying Robots to Logistics Bliss: A Case Study; FCC’s New TCPA Rule; and Consumer Rights Set to Change in Europe. Excerpt from From Flying Robots to Logistics Bliss: A Case Study - The...more

New TCPA Rules Effective October 16, 2013

In 2012, the Federal Communications Commission (FCC) revised its regulations under the Telephone Consumer Protection Act ("TCPA"). On October 16, 2013, the final amendments to these regulations requiring prior express written...more

37 Results
|
View per page
Page: of 2