News & Analysis as of

Telemarketing Unsolicited Phone Calls

Klein Moynihan Turco LLP

What Constitutes A TCPA Solicitation?

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

Eversheds Sutherland (US) LLP

Georgia joins growing list of states with “mini-TCPAs”

On May 6, 2024, Georgia Governor Brian Kemp signed into law SB 73, which amends Georgia’s existing telemarketing laws, officially adding Georgia to the growing patchwork of states across the country that have introduced their...more

Klein Moynihan Turco LLP

Revised Georgia Telemarketing Law Takes Effect On July 1, 2024

On May 6, 2024, Georgia Governor Brian Kemp signed Senate Bill 73 (“SB 73”) into law. SB 73 amends Title 46 of the Official Code of Georgia (“OCGA”), Georgia’s telemarketing law, with the goal of curbing the proliferation of...more

Womble Bond Dickinson

Coalition of State Attorney Generals Take Position on AI in Telemarketing

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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

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Overturns Salcedo, Holding that One Text is Sufficient for TCPA Standing

In a unanimous en banc decision, the Eleventh Circuit recently held that “a single unwanted, illegal telemarketing text message” is sufficient to allege a concrete injury under the TCPA. Drazen v Pinto, No. 21-10199, 2023 WL...more

ArentFox Schiff

New TCPA Rules For Prerecorded Calls To Landlines Take Effect July 20

ArentFox Schiff on

Major changes to the Telephone Consumer Protection Act (TCPA) regulations applicable to unsolicited informational robocalls to landlines are coming into effect on July 20, 2023. As anyone with a landline telephone during...more

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

Goodwin on

Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more

Faegre Drinker Biddle & Reath LLP

FTSA Does Not Apply to Calls Selling Services to Businesses

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

Barnea Jaffa Lande & Co.

Is the Era of Unsolicited Telemarketing Coming to an End in Israel?

Barnea Jaffa Lande & Co. on

Unsolicited telemarketing using consumers’ phone numbers often constitutes infringement of Israeli residents’ privacy. Moreover, it is a real nuisance and has become fertile ground for crimes of fraud of one kind or another....more

Brownstein Hyatt Farber Schreck

New FTC Telemarketing Rule Could Affect More Than Just Telemarketers

The Federal Trade Commission (FTC) recently moved forward proposals that could add extensive record-keeping requirements and make other material changes for compliance for impacted businesses and financial services providers...more

Venable LLP

New Oklahoma Telephone Solicitation Act Is Not OK - But It Does Contain an Important Exemption

Venable LLP on

Late last week, Oklahoma Governor Kevin Stitt signed the state’s Telephone Solicitation Act of 2022 (OTSA) into law. A couple of months ago, as the legislation was working its way through the Oklahoma state legislature,...more

Foley & Lardner LLP

Florida Telemarketing Alert: Florida Likely Has Adopted Strict Rules on Marketing Phone Calls, Text Messages, and Voicemails

Foley & Lardner LLP on

On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by...more

Kelley Drye & Warren LLP

[Webinar] Tips from the Experts – Defending TCPA Lawsuits – Using Data Analysis Strategies and Support - April 29th, 2:00 pm ET

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

Cozen O'Connor

COVID-19 Price Gouging | Alaska AG Resigns | Honda’s $85 Million Multistate Settlement

Cozen O'Connor on

COVID-19- Attorneys General Are Vigilant About Pandemic-Related Price Gouging and Illegal Balance Billing- •Pennsylvania AG Josh Shapiro sued online seller M & B Multi Services Inc. and its owner (collectively “M&B”)...more

K&L Gates LLP

COVID-19: NY State of Emergency Imposes Ban on Telemarketing Calls

K&L Gates LLP on

On Saturday, March 7, 2020, Governor Andrew Cuomo declared a disaster state of emergency in the State of New York based on the COVID-19 outbreak....more

Harris Beach PLLC

Disaster Emergency in New York State Prohibits Certain Telemarketing Calls

Harris Beach PLLC on

On Saturday, March 7, New York Governor, Andrew Cuomo, issued Executive Order No. 202 declaring a disaster emergency in the State of New York in connection with the COVID-19 outbreak. As a result of this declaration, ESCOs...more

Carlton Fields

No Speaking? No Standing!

Carlton Fields on

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

Bass, Berry & Sims PLC

Privacy Perils: Don't Call Me, I'll Call You

Bass, Berry & Sims PLC on

Many of those pesky unsolicited calls to your cell phone are illegal. If you’re tired of receiving unwanted calls, you can go to https://complaints.donotcall.gov/complaint/complaintcheck.aspx, fill in some information, and...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

Hudson Cook, LLP

Like to Live Dangerously? Have I Got a Deal for You!

Hudson Cook, LLP on

Do you have too much positive goodwill in the community and marketplace? Need to shed some so you can pump up your bad boy image? How would you like to engage in some illegal conduct that will result in claims of invasion of...more

Womble Bond Dickinson

Talk About Bad News: Dallas Morning News hit With TCPA Class Action Claiming Dying Circulation Prompted Illegal Call Campaign

Womble Bond Dickinson on

Its not easy running a newspaper these days. Half the country will think you’re fake news and the other half will wonder why you’re even printing stuff on paper anymore (even the picture of the newspapers above makes me think...more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

Fenwick & West LLP on

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

Ballard Spahr LLP

Modernize TCPA, ACA International Urges in White Paper

Ballard Spahr LLP on

In a new white paper, ACA International, a trade association for members of the credit and collection industry, argues that the Telephone Consumer Protection Act (TCPA) must be modernized to accurately reflect the current...more

Robinson+Cole Data Privacy + Security Insider

Mortgage company pays $7.4 million to settle TCPA violations

Mortgage Investors Corp. (MIC) settled a class action this week for $7.4 million for its alleged violations of the Telephone Consumer Protection Act (TCPA) in an Oregon federal court. Plaintiffs stated in their complaint that...more

Ballard Spahr LLP

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

Ballard Spahr LLP on

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

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