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
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
A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case...more
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
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
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
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
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
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 -
Companies that use telemarketing campaigns must be ready for changes to “prior express consent” requirements that go into effect on October 16, 2013. The new rules were issued by the Federal Communications Commission (FCC)...more
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
Key provisions of the Federal Communications Commission’s (“FCC”) telemarketing rule are scheduled to take effect in January and October of this year. Businesses that engage in telemarketing—including the delivery of text...more
In this presentation:
- E-mail marketing: the CAN-SPAM Act, California Business & Professions Code, Other State Laws
- Telephone Consumer Protection Act (“TCPA”)
- Telemarketing Sales Rule (the...more
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