News & Analysis as of

Telephone Consumer Protection Act Email

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Klein Moynihan Turco LLP

Medicare Marketing One-to-One Consent Rules Effective October 1, 2024!

On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising....more

Klein Moynihan Turco LLP

Email Marketing Is Back!

As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory...more

Womble Bond Dickinson

FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and “Red Flag” Text Blocking Rules, and Seeks...

Womble Bond Dickinson on

On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — The FCC Contemplates Industry-Altering Changes to Securing Consent

On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more

Sheppard Mullin Richter & Hampton LLP

Texting Post-Duguid: Can Consent Practices Change?

Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more

Faegre Drinker Biddle & Reath LLP

Single Fax Received by E-Mail Deemed Insufficient to Confer Article III Standing

As we have reported here and here, courts throughout the country, including most notably the Eleventh Circuit in Salcedo v. Hanna, have grappled with the question of whether a single unsolicited text message may constitute...more

Eversheds Sutherland (US) LLP

Faxing in the digital age - FCC’s Consumer and Governmental Affairs Bureau finds that faxes sent to online fax services do not...

On December 9, 2019, the Federal Communications Commission (FCC or Commission) released a declaratory ruling in which it found that online fax services that receive unsolicited fax advertisements “sent as email over the...more

Hudson Cook, LLP

Courts Continue to Apply TCPA to Ringless Voicemail Services

Hudson Cook, LLP on

Dealers and automotive sales finance companies must proceed with caution when considering using ringless voicemail services to reach leads and current customers. The few courts that have considered the application of the...more

Jackson Lewis P.C.

Privacy And Cybersecurity Issues To Watch In 2019

Jackson Lewis P.C. on

Privacy and cybersecurity risks continue to emerge for organizations large and small. While by no means exhaustive, we briefly discuss some key issues that organizations may need to focus on in 2019 and beyond....more

Womble Bond Dickinson

First-in-the-Nation TCPA Result: Court Holds Direct Dropped Voicemails are Covered by the TCPA

Womble Bond Dickinson on

Despite Jay Edelson’s pronouncement this week that there is no new ground to till in TCPAland, a court this week just issued yet another first-in-the-nation ruling and it could have a big impact on users of so-called “direct...more

Goodwin

Third Circuit Affirms Summary Judgment Where ATDS Evidence Falls Short

Goodwin on

On June 26, 2018, the Third Circuit affirmed summary judgment in favor of defendant Yahoo, Inc. in a putative Telephone Consumer Protection Act (TCPA) class action, Dominguez v. Yahoo, Inc., because plaintiff had failed to...more

Smith Debnam Narron Drake Saintsing & Myers,...

Aftershocks Being Felt: The TCPA After ACA International v. FCC

The aftershocks from the D.C. Circuit’s opinion in ACA International v. FCC are beginning to be felt. In ACA International, the D.C. Circuit set aside several elements of the FCC’s 2015 Declaratory Ruling. A recent opinion by...more

Dorsey & Whitney LLP

3rd Circuit Grants Summary Judgment in Favor of Yahoo! in Reassigned Phone Number Class Action

Dorsey & Whitney LLP on

In a much anticipated opinion and big defense victory, the 3rd Circuit granted summary judgment this week in favor of Defendant Yahoo in a reassigned number class action case involving thousands of text messages to...more

Womble Bond Dickinson

Yahoo!: Third Circuit Court of Appeal Holds Random or Sequential Number Generation Is Needed–Rejects Hansen/Snyder Expert Reports–...

Womble Bond Dickinson on

Photo by Pixabay on Pexels.com I won’t bury the lead here–in the Third Circuit a dialer that calls from a list of numbers “individually and manually inputted into its system by a user” is not an ATDS unless it has the present...more

Mintz

Part II - TCPA: Litigation - “But it’s an email!” — Potential Defense to TCPA Fax Blast Class Actions

Mintz on

A traditional fax machine is more and more giving way to email “desktop faxing” or efaxing. We know the TCPA covers the former, but does it also cover the latter? Understanding the subtle distinctions to this question and its...more

Fisher Phillips

Technology And The Workplace

Fisher Phillips on

How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

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