The FCC recently issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $6 million fine on a political consultant for allegedly carrying out an illegal robocall campaign using caller ID spoofing and an...more
6/17/2024
/ Artificial Intelligence ,
Deep Fake ,
Disclosure Requirements ,
Enforcement ,
FCC ,
Fines ,
Notice of Apparent Liability (NAL) ,
Political Advertising ,
Robocalling ,
Rulemaking Process ,
Spoofing ,
TCPA ,
Telecommunications
Only a week after issuing a statement calling for the regulation of robocalls featuring voices generated by artificial intelligence, the Federal Communications Commission (FCC) adopted a Declaratory Ruling confirming that...more
Continuing the trend of state interest in telephone and text message marketing regulation, this week Maryland and Florida took diverging approaches to amending their existing telephone and text message marketing laws (so...more
Keeping with its aggressive efforts to combat unwanted robocalls, the Federal Communications Commission (FCC) on August 24, 2021, proposed fining a duo of conservative activists and their business $5.135 million for allegedly...more
When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or is immune from liability...more
On Thursday, the U.S. Supreme Court issued its long-awaited decision in Facebook, Inc. v. Duguid, which significantly restricts the scope of the Telephone Consumer Protection Act (TCPA). The Act prohibits certain calls and...more
The U.S. Supreme Court issued its ruling in Barr v. American Association of Political Consultants, Inc., affirming the U.S. Court of Appeals for the 4th Circuit's holding that the "government-debt" exception to the Telephone...more
7/8/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
Whenever a marketer faces a class action lawsuit under the Telephone Consumer Protection Act (TCPA), one of the best tools available for defeating the TCPA claim is the “prior express consent” affirmative defense. In Lundbom...more
For the last few years, the Telephone Consumer Protection Act's (TCPA) prohibition on "unsolicited advertisements" sent via fax has been the subject of numerous statutory interpretation battles....more