News & Analysis as of

Risk Management Telephone Consumer Protection Act

Eversheds Sutherland (US) LLP

Second Circuit adheres to narrow definition of ATDS

On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more

Wiley Rein LLP

[Webinar] Outsmarting Artificial Intelligence! Tips for Leveraging AI While Managing Risks - March 15th, 12:00 pm - 1:00 pm EDT

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With the 2024 election in full swing, political actors are using artificial intelligence in unprecedented ways. Join us as we explore the transformative potential of AI in shaping electoral strategies while learning about how...more

Wiley Rein LLP

Heading into 2024, Federal AI Activity Ramps Up After AI Executive Order

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2023 has been a big year for AI with the landmark Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO) adding to the already busy and dynamic AI landscape. Issued less than two months ago, the EO has...more

Lathrop GPM

2022 Legal Guide to Privacy and Data Security

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Facial recognition technology, drones the size of a butterfly, secure microchips replacing magnetic stripes on credit cards, sensors the size of a grain of sand swallowed by patients that transmit data directly to the...more

Rumberger | Kirk

Is Your Loyalty Program Putting Your Restaurant at Risk for TCPA Liability?

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TCPA litigation can cost companies, both big and small, millions of dollars. Loyalty programs are a great way for restaurants to keep in contact with their existing customers and incentivize future purchases. In the modern...more

BCLP

Lead Generation and the TCPA: How to Protect Your Company from Downstream Bad Actors

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Many businesses, including retailers, rely on inbound lead generators to identify prospective customers for telephone or text-based direct marketing campaigns. Sourcing inbound leads from a variety of providers allows firms...more

Goodwin

Financial Services Weekly News: FDIC Releases Guide To Connect Fintechs With Banks

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In This Issue. The Federal Deposit Insurance Corporation (FDIC) released a new guide to help financial technology companies and others partner with banks; the Financial Industry Regulatory Authority (FINRA) announced that it...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

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Seyfarth Shaw LLP

Webinar Recap! Hot Topics and Trends in California Consumer Class Actions

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On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more

Foley & Lardner LLP

Real Estate Industry Facing Threat of New TCPA Class Actions

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Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in...more

Eversheds Sutherland (US) LLP

Four common risks in text message programs...and how to avoid them

Although the Telephone Consumer Protection Act (TCPA) may be most commonly known for its prohibitions on robocalls, text messages also fall within the TCPA’s broad scope. Given the outsize risk of class action TCPA litigation...more

Eversheds Sutherland (US) LLP

See No Evil: Willful Blindness Costs Dish Network $341,000,000 For TCPA Violations

Willful blindness when it comes to the Telephone Consumer Protection Act (TCPA) could cost companies millions in statutory damages and penalties. Dish Network has been ordered in two cases to pay a total of $341 million based...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2017

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The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more

Carlton Fields

The 2017 Carlton Fields Class Action Survey

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The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

Eversheds Sutherland (US) LLP

Cruise Ships Miss the Boat on TCPA Compliance to the Tune of Up to $76 Million

With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The...more

Ballard Spahr LLP

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

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The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

Womble Bond Dickinson

Top Twelve TCPA DOs and DON’Ts for businesses doing outbound automated or prerecorded calling

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We have assembled our “Top 12 TCPA Dos and Don’ts”. We’re certain others exist that could be added to this list, but this is an introductory sanity check for a company’s outbound calling practices under TCPA laws and...more

Bryan Cave Leighton Paisner

Insurance Coverage and the Telephone Consumer Protection Act

The past several years have seen an explosion in class action cases brought under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C 227. The TCPA generally restricts telemarketing phone calls and the use of automated...more

Robins Kaplan LLP

8 Best Practices to Help You Manage Risks Associated With Mobile “Big Data”

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The more than six billion mobile devices in use worldwide offer companies access to a possible treasure trove of customer information in almost every consumer segment. These devices now create a constant stream of data—from...more

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