News & Analysis as of

Safe Harbors Telemarketing

Hinch Newman LLP

Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules

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As previously blogged about, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping...more

Pillsbury Winthrop Shaw Pittman LLP

Florida Legislature Reins in Florida Telephone Solicitation Act

The proposed amendment significantly tightens the conduct that constitutes a violation of the Florida Telephone Solicitation Act (FTSA). The amendment narrows the definition of “autodialer,” limits violations to...more

Faegre Drinker Biddle & Reath LLP

Texas District Court Rejects “Influence Liability” Workaround to FCC Exemption for Research and Surveys

A recent decision from the U.S. District Court for the Northern District of Texas reaffirms the FCC’s interpretation that calls and text messages regarding consumer surveys and other market research do not qualify as...more

Eversheds Sutherland (US) LLP

TCPA Insurance? A new database offers a wider shield from liability through due diligence

The Telephone Consumer Protection Act (TCPA) poses a constant threat to companies that wish to communicate with existing and prospective customers because the statute imposes strict liability on companies that call or text...more

Mintz

TCPA Regulatory Update — FCC Adopts Safe Harbor to Encourage Blocking of Unwanted Robocalls; FCC Releases TCPA Clarifications &...

Mintz on

FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls - The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed...more

Eversheds Sutherland (US) LLP

NY’s Nuisance Call Act goes into effect; NY state of emergency prompts further marketing call restrictions

New York’s Nuisance Call Act (NYNC Act), signed into law in December 2019 and effective as of March 1, 2020, amends New York’s telemarketing law (specifically, N.Y. Gen. Bus. Law § 399-z) by requiring live voice outbound...more

Faegre Drinker Biddle & Reath LLP

Do B2C Telephone Communications Now Need to Win the Popularity Contest to Not Be Preemptively Blocked?

Businesses may dial large volumes of numbers daily for a variety of legitimate purposes. These calls now appear to have become swept up and conflated with illegal robocalls, with a number of undesirable consequences....more

Womble Bond Dickinson

Video Countdown: Top Ten 2018 TCPA News Stories

Womble Bond Dickinson on

The world of the TCPA is marked by constant flux and 2018 proved to be a particularly fluctuating year as the TCPA yo-yo'ed between positive court decisions, alarming legal enforcement against violators of the TCPA, and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Government Shutdown Leaves Consumers Vulnerable

The U.S. is undergoing the longest government shutdown in the nation’s history, and it is taking a toll on the consumer’s economic welfare in more ways than one. Every day, Americans fall victim to harassing telemarketing...more

Womble Bond Dickinson

What to Do When the Government Shutdown Leaves Your Company Without Access to the National DNC Registry

Womble Bond Dickinson on

On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more

Womble Bond Dickinson

Counter-Punch: GOP Senators Submit Their Own TCPA Letter to FCC Urging Restraint

Womble Bond Dickinson on

As I reported a few weeks back, a block of 14 Democratic Senators recently wrote to FCC Chairman Pai and urged him to maintain the Commission’s broad reading of, inter alia, the TCPA’s ATDS definition. Not to be outdone,...more

Sheppard Mullin Richter & Hampton LLP

Once Bitten, Twice Shy: FCC Revisits Its Telemarketing Regulations In Light Of The DC Circuit’s Decision Striking Down Core...

On March 16, 2018, the United States Court of Appeals for the District of Columbia Circuit issued its long awaited decision in ACA International v. FCC, in which a group of petitioners across a spectrum of industries sought...more

Perkins Coie

Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall Ruling

Perkins Coie on

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018). The...more

Dorsey & Whitney LLP

D.C. Circuit Court of Appeals Sets Aside FCC’s Definition of “Called Party” Under the TCPA—What Comes Next?

Dorsey & Whitney LLP on

The Telephone Consumer Protection Act (“TCPA”) makes it unlawful to make autodialed calls without the prior express consent of the “called party.” 47 USC §227(b)(1)(A). ...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

Benesch

Charter Defeats TCPA Class Action Based Upon Safe Harbor Provision

Benesch on

In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more

Eversheds Sutherland (US) LLP

A Band-Aid Remedy?: New TCPA Rules for the Healthcare Industry

Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions...more

Carlton Fields

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

Carlton Fields on

Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more

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