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
On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury...more
In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more
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
Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more
Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more
Earlier this summer, the U.S. District Court for the District of Maryland denied a defendant’s motion for summary judgment in a case arising under the Telephone Consumer Protection Act (TCPA), finding that the defendant...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
Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the...more
The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more
The FTC reached a settlement with Career Step, LLC to resolve allegations that the company violated the FTC Act, the Gramm-Leach-Bliley Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, and the Telemarketing...more
Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses. In this article, we focus on a recent decision from...more
On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call (“DNC”) opt-out requests in...more
On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions...more
On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone...more
The speed and ease at which companies can communicate with their customers or clients continues to improve. Cool, new tech platforms are being pushed out at a rapid pace and business development, sales and marketing teams see...more
The Telephone Consumer Protection Act (TCPA) has not been updated in over 30 years. The Federal Communications Commission (FCC) has been asked by Congress to take “decisive action in addressing the escalating issue of...more
On July 17, 2024, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM) that would, among other things, propose new rules to regulate AI-generated calls and...more
With the use of artificial intelligence (“AI”) becoming more widespread across almost all aspects of life, the FCC has taken several steps to regulate its use in the telemarketing space. As our readers are aware, earlier this...more
The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more
As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as “Chevron deference” by a 6-3 vote. The Court’s opinion in Loper Bright Enterprises et al. v....more
The Fourth Circuit Court of Appeals has recently handed down a decision that impacts the TCPA landscape. In Family Health Physical Medicine, LLC v. Pulse8, LLC, the court reversed a lower court’s dismissal of a TCPA claim,...more
The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more
As we approach the 2024 halfway mark, businesses that rely on texting and calling to promote their products and services face an onslaught of new and significant legal and regulatory developments. To help with tracking these...more
Calls and messages encouraging a recipient to sign up for free nutrition counseling services did not constitute telephone solicitations within the meaning of the TCPA, according to a reported decision from a Wisconsin federal...more
An insurance company is on the hook for calls made by its agents after a decision from a federal court in Illinois. Two Allstate agents in Texas, Jason Fleming and Daniel Gilmond, hired Transfer Kings to place calls on...more