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Opt-Outs Telephone Consumer Protection Act Advertising

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Two Courts Agree With Defendant’s Challenges to Imprecise TCPA Class...

Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...more

Benesch

TCPA Fax Class Action Doomed: Fax Number on Business Card Constitutes Consent

Benesch on

Since the enactment of the Telephone Consumer Protection Act (“TCPA”), the FCC has long held that persons who knowingly and voluntarily release their telephone numbers have provided prior express consent to be called. But...more

Rumberger | Kirk

Is Text Marketing Your Recipe for Success Or Your Company’s Downfall?

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Text-marketing (or SMS marketing) can be an essential tool for many small businesses. For a small price, any company can send bulk messages to hundreds of phone numbers of existing and potential customers. Originally...more

Womble Bond Dickinson

Courts Says Ralph Lauren Should Have Designed a Better Text Message Marketing Program

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A decision earlier this month out of the Northern District of Illinois provides important cautionary tales for companies sending marketing text messages, as well as text messaging platform providers. Defendants Ralph Lauren...more

Womble Bond Dickinson

Bais Yaakov Strikes Again: Nonprofit May Be Fax "Sender" Despite Not Sending Fax

Womble Bond Dickinson on

As we’ve recently highlighted, the FCC is currently seeking industry comment on how it should interpret the term “sender” for purposes of imposing liability for faxes sent in violation of the TCPA. Until the agency releases...more

Womble Bond Dickinson

FCC Seeks Comments on Definition of “Sender” Under Junk Fax Rules by April 8, 2019

Womble Bond Dickinson on

On February 26, 2019, the law firm Akin Gump Strauss Hauer & Feld LLP (“Akin Gump”) filed a petition (“Petition”) with the Federal Communications Commission (“Commission”) requesting that the Commission “expeditiously...more

Dorsey & Whitney LLP

TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts

Dorsey & Whitney LLP on

If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter....more

Womble Bond Dickinson

Walmart Pharmacy Hit with TCPA Class Action for Sending One Fax Advertisement in District Court of Kentucky

Womble Bond Dickinson on

Lifeback Recovery Center, PLLC has brought a TCPA class action complaint against Walmart Pharmacy in the Western District of Kentucky, contending it received an unsolicited fax advertisement from the pharmacy....more

Hogan Lovells

Eighth Circuit Finds that Bare “Technical Violations” of the TCPA Do Not Establish Standing

Hogan Lovells on

In St. Louis Heart Center v. Nomax, Inc., the Eighth Circuit held that an “alleged failure to provide a technically compliant opt-out notice” in a fax advertisement, without more, does not give a plaintiff Article III...more

Burr & Forman

Eighth Circuit Holds Deficient Fax Opt-Out Notice Does Create Case or Controversy

Burr & Forman on

St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018) - Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including...more

Verrill

Things That Make You Go Hmmmm - Commercial Co-Ventures and Sweepstakes Promotions

Verrill on

Remember that song in the ‘90s from the C+C Music Factory called “Things That Make You Go Hmmm….” I guess I did when I came across some recent promotions. Perhaps these practice tips will stay with you longer than C+C’s 15...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - IAB Alleviates the Anxiety of Influence - FTC Throws Made-in-the-USA Shade - ERSP Finds Whitening Claims Only Slightly Dimmed - Trump Administration Fails to Shock Public with FTC Picks - Camp Drugs’...more

Kelley Drye & Warren LLP

TCPA Tracker-May 2017

Recent News - Class Action Plaintiffs Seek En Banc Review of D.C. Circuit Fax Advertisement Decision - On April 28, 2017, the class action plaintiff petitioners in Bais Yaakov of Spring Valley et.al. v. FCC (No....more

Kilpatrick

D.C. Circuit Strikes Down FCC Opt-Out Notice Requirement for “Solicited” Fax Ads

Kilpatrick on

Takeaway: The D.C. Circuit recently dismantled a claim commonly asserted under the TCPA’s Junk Fax Prevention Act of 2005, by rejecting the FCC’s rule that fax advertisers violate the TCPA by not including compliant “opt-out”...more

Amundsen Davis LLC

DC Circuit Invalidates FCC Fax Rule Effectively Closing the Door to TCPA Class Actions Based on Alleged Violations

Amundsen Davis LLC on

The D.C. Circuit Court of Appeals held that the Federal Communications Commission (“Commission”) overstepped its authority in 2006 when it implemented the Solicited Fax Rule, which requires all fax advertisements — even those...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Junks the FCC’s Junk Fax Rule

The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov...more

K&L Gates LLP

D.C. Circuit Holds that FCC Lacks Authority to Require Opt-Out Notices for Solicited Faxes, Vacates FCC Order

K&L Gates LLP on

The U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 split decision, has issued an opinion that the Federal Communications Commission (the “FCC”) lacked authority under the Telephone Consumer Protection...more

Eversheds Sutherland (US) LLP

Just the Fax: DC Circuit Rejects FCC Requirement of Opt-Out Language on Solicited Faxes Under the TCPA

In a March 31, 2017 ruling, the US Court of Appeals for the DC Circuit invalidated a 2006 Federal Communications Commission (FCC) rule requiring businesses to include opt-out notices on solicited fax advertisements sent with...more

Manatt, Phelps & Phillips, LLP

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule. The Solicited Fax...more

Carlton Fields

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Carlton Fields on

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

Robinson+Cole Data Privacy + Security Insider

Abercrombie & Hollister to pay out $10 million to settle TCPA class action

On September 11, 2015, Abercrombie & Fitch Co. (Abercrombie) and Hollister Co. (Hollister) agreed to settle a class action complaint alleging that the two clothing retailers violated the Telephone Consumer Protection Act...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - February 2015

TCPA Suit on Hold Pending FCC Petitions - A federal court judge has stayed a class action pending a decision by the Federal Communications Commission on the issue of whether the agency overstepped its bounds by issuing...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - December 2014

Burger King Settles TCPA Suit for Whopping $8.5M - Letting the class have it their way, Burger King reached an $8.5 million deal to settle a Telephone Consumer Protection Act suit over fax advertisements....more

K&L Gates LLP

FCC Order Confirms that TCPA Regulations Require Opt-Out Notice on All Fax Advertisements, Even Those Sent with Prior Express...

K&L Gates LLP on

On October 30, 2014, the Federal Communications Commission (“FCC”) released an Order that “confirms” that opt-out notices complying with rules and regulations adopted by the FCC in 2006, pursuant to the authority granted to...more

Eversheds Sutherland (US) LLP

Legal Alert: Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices

The end of October 2014 saw two significant developments for Telephone Consumer Protection Act (TCPA) rules governing facsimile transmissions, fax opt-out notices and liability for faxes sent by third parties....more

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