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Text Messages Marketing

Klein Moynihan Turco LLP

Medicare Marketing One-to-One Consent Rules Effective October 1, 2024!

On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising....more

Amundsen Davis LLC

Put Down Your Phone and Watch Those Texts: New Regulations Impacting Your Outreach to Customers, Clients and Contacts

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The speed, sophistication, and ease of a company’s communications or outreach with and to their customers or clients only continues to get better and better. Just ask your marketing and sales teams about the new technology or...more

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more

Faegre Drinker Biddle & Reath LLP

TCPA Boundaries Drawn: Marketing Text Messages to Known Telephone Numbers Permitted

In Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. (101 F.4th 176), the Second Circuit addressed critical questions regarding the definition of an “automatic telephone dialing system” (ATDS) and whether text...more

Dorsey & Whitney LLP

RIA Regulatory Review - June 2024

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This RIA Regulatory Review highlights certain key regulatory developments affecting investment advisers....more

Venable LLP

Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting

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Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode....more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...more

Venable LLP

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

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It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

Goodwin on

Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Missouri Finds Standing Issue with TCPA Cases When Plaintiffs do Not Request to be on Internal Do-Not-Call...

The United States District Court for the Eastern District of Missouri recently issued an opinion with significant implications for plaintiffs’ standing to allege violations of the TCPA under Article III. In the case of...more

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

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The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Pierce Atwood LLP

FCC Issues New Consent Requirements for Certain Marketing Communications

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In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

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By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Benesch

FCC Set to Upend Lead Generation Industry

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On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more

Womble Bond Dickinson

Court Finds Do-Not-Call Rules Apply to Marketing Text Messages

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While an ongoing FCC rulemaking is seeking comment on whether the FCC should clarify that TCPA’s Do-No-Call rules apply to text messages as they do to voice calls, a federal court has weighed-in with its view that...more

Womble Bond Dickinson

Text Messages With No Audible Components are Not “Prerecorded Voices” Under the TCPA

Womble Bond Dickinson on

A recent decision of the Ninth Circuit Court of Appeals, Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), affirmed a district court’s order granting a motion to dismiss a putative TCPA class...more

Quarles & Brady LLP

Using Text Messages for Marketing? Proceed with Caution in Florida

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Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a...more

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

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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

Troutman Pepper

Twenty-Eight AGs Call for Stricter FCC Spam Call and Text Rules

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On June 8, a bipartisan coalition of 28 attorneys general issued a letter, supporting the Federal Communications Commission’s (FCC) proposal to close a “loophole” that currently allows lead generators to collect and sell...more

Venable LLP

Florida Adopts Changes to the Florida Telephone Solicitation Act

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Last month, Florida governor Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act (FTSA) that scale back the scope and reach of the statute, bringing it in line with federal TCPA standards and...more

BakerHostetler

AD-ttorneys@law - August 2022

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Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more

Burr & Forman

Eleventh Circuit Vacates TCPA Class Settlement for Lack of Standing, Suggesting Reconsideration of Glasser v. Hilton Grand...

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Drazen v. GoDaddy.com, LLC, No. 21-10199 (11th Cir. July 27, 2022) Plaintiffs’ Claims and Allegations - Plaintiff’s claims, and those advanced in two separately filed class action lawsuits alleging violation of the...more

Lerman Senter PLLC

Oklahoma Passes New Telephone Solicitation Act Similar to the Federal TCPA

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The recently-signed Oklahoma Telephone Solicitation Act of 2022 (OTSA) will become effective November 1, 2022. The OTSA, like the federal Telephone Consumer Protection Act (TCPA), and the Florida Telephone Solicitation Act...more

Manatt, Phelps & Phillips, LLP

Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

In an appeal consolidating two Telephone Consumer Protection Act (TCPA) cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing...more

Burr & Forman

Eighth Circuit Holds Promotional Text Messages Not Sent by ATDS

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In Beal v. Outfield Brew House, LLC, — F.4th —, 2022 WL 868697 (8th Cir. Mar. 24, 2022), the Eighth Circuit considered whether an automated marketing system that was used to send promotional text messages to randomly selected...more

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