The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more
On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this...more
The National Association of Attorneys General (NAAG) sent a letter on behalf of a coalition of 51 AGs supporting an FCC proposal meant to cut down on the number of unwanted text messages received by consumers....more
The FCC proposes requiring mobile wireless providers to block text messages that appear to come from invalid, unallocated or unused numbers, and numbers on a “Do-Not-Originate” list. It also seeks comment on Over the Top...more
Shortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission (FCC). Acting Chairwoman Rosenworcel is expected to pursue the...more
According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned each year. Reassigned...more
Photo sharing and storage app Everalbum, and other social media apps that send SMS invitations to a user’s contacts to download the app only at the user’s direction comply with all applicable laws, according to the courts and...more
FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more
On June 18, 2015 the Federal Communications Commission (FCC) adopted a set of declaratory rulings related to robocalls and spam text messages under the Telephone Consumer Protection Act (TCPA). ...more
“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection...more
But One Vote is Not Enough for Action, Nor Does Action Assure a Favorable Outcome - FCC Commissioner Michael O’Rielly recently blogged that “It is Time to Provide Clarity” on issues swirling around application of the...more
District Court Finds Consent a Valid Defense to TCPA Claims, Even When Customer Had Provided Phone Number Ten Years Before Autodialed Call - The issue of prior consent, and when and if such consent was provided by a...more
The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more
Last week’s Seventh Circuit ruling in Patriotic Veterans v. State of Indiana confirms that businesses should check both federal and state laws before using automatic dialing systems (ATDS) to deliver prerecorded or synthetic...more
Have recent judicial decisions brought much needed sanity to the discussion of what constitutes an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”)? The short answer is:...more
The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone numbers to be called, using a random or...more
The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months....more
The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...more
The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely...more
Introducing TCPA Connect - On October 16, the FCC's updated Telephone Consumer Protection Act (TCPA) regulations finally took effect. The new rules pose significant challenges for companies seeking to communicate with...more
The new FCC rule requiring prior express written consent for all: (1) Autodialed or prerecorded telemarketing calls to wireless numbers; and (2) Prerecorded telemarketing calls to residential lines takes effect today. The...more
The Federal Communications Commission (FCC) recently enacted new regulations enforcing the Telephone Consumer Protection Act (TCPA). These new regulations, which go into effect October 16, 2013, significantly change the legal...more
Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular...more
Companies that place prerecorded telemarketing calls, or that telemarket to cell phones via text-message or automatic telephone dialing systems, should be well on their way toward compliance with new FCC rules that take...more
The Federal Trade Commission (FTC) recently announced it concurrently filed eight complaints in courts around the United States against “senders of spam text messages” who allegedly engaged in deceptive acts or practices by...more