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How to Reduce Potential TCPA Liability and FCC Reassigned Numbers Database

The Federal Communications Commission’s Reassigned Numbers Database is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Telemarketers can use the...more

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

FCC Postpones Effective Date of TCPA One-to-One Consent Rule Before it is Vacated by the Eleventh Circuit

On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more

FTC Announces Final “Click-to-Cancel” Recurring Subscriptions and Memberships Rule

On October 16, 2024, the Federal Trade Commission announced a final “click-to-cancel” rule that will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign-up. Most of the final rule’s...more

Telephone Consumer Protection Act Rules on Revoking Consent for Unwanted Robocalls and Robotexts Effective April 2025

On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11,...more

Recent FTC Settlement a Reminder of Agency Focus on Disclosing Health Information to Third-Parties

On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more

FCC Announces Final Rule Reflecting Changes to TCPA Revocation of Consent

On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more

California Federal Court Holds RVM Platform Provider Not Liable for Violation of Telemarketing Sales Rule

In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more

FCC Publishes Final Single-Seller Lead Generation Consent Rule in Federal Register, and More

The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer...more

FTC Advertising Law Alert: Proposed Revisions to the COPPA Rule

The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more

Lead Generation Industry Turned Upside Down: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time

One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be...more

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