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
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
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
Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer...more
Cases of Note - Ninth Circuit Affirms Decertification of Class under Amerifactors and Denies Treble Damages - In True Health Chiropractic, Inc. v. McKesson Corp., the Ninth Circuit affirmed the district court’s grant...more
Last week, the Ninth Circuit in True Health Chiropractic, Inc. v. McKesson Corp. (True Health II), No. 22-15710 (9th Cir. Oct. 25, 2023), affirmed the Northern District of California’s earlier ruling in True Health...more
Invites to free webinars are not unsolicited advertisements, says Maryland federal court - The Telephone Consumer Protection Act (TCPA) prohibits sending an “unsolicited advertisement” to a fax machine, absent certain...more
The Second Circuit recently addressed whether a faxed invitation to participate in a market research survey is an “unsolicited advertisement” actionable under the TCPA. In Bruce Katz, M.D., P.C. v. Focus Forward LLC, 22...more
Last week, the Seventh Circuit reminded advertisers of the narrowing availability of insurance coverage for Telephone Consumer Protection Act (TCPA) claims. In Mesa Laboratories v. Federal Insurance Co., the court rejected a...more
If you communicate with clients and prospects through phone call, text message, or fax campaigns, you are certainly familiar with the Telephone Consumer Protection Act (TCPA) that applies to these and other areas of direct...more
At the time this is published, all the rage in the TCPA realm right now is talking about the Supreme Court’s recent decision in Facebook. And it was clearly a critical and much needed decision....more
While the U.S. Supreme Court’s ruling in Barr v. AAPC and its decision to grant certiorari in Facebook, Inc. v. Duguid, et al. have rightfully been grabbing headlines, defendants continue to make strides with helpful...more
A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v....more
The global pandemic has not prevented courts from addressing a host of controversial TCPA topics, starting with the biggest controversy of all: whether the Telephone Consumer Protection Act itself is unconstitutional. The...more
On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it...more
Under the TCPA, the difference between “informational” messages and “advertisements,” or “solicitations,” can be a subtle one, and, on many occasions, a business’s TCPA liability – and quite possibly its financial stability –...more
As some of you may recall, Gene Kalsky, CEO of Gen-Kal Pipe & Steel Corporation, was hit with a crippling $12.5 million personal judgment after sending a fax in violation of the TCPA to a company in Pope County, Arkansas. On...more
Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding....more
As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more
On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more
Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more
OCEAN CITY – A local man is fighting to save his beachfront home after a crushing legal award of $12.5 million in damages. He said it’s over sending a single fax to a company in Pope County, Ark. Gene Kalsky was recently...more
The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. This publication reflects our in-depth analysis...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more