News & Analysis as of

Telecommunications Text Messages Advertising

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

Klein Moynihan Turco LLP

Reasons for TCR Registration Denial

Mobile carriers continue to require TCR registration for telephone numbers that are routed through a virtual phone service provider (“service provider”). Most, if not all, service providers have created separate divisions to...more

Buchalter

One Florida Firm is Targeting Ecommerce Brands With TCPA Class Actions Claiming That Promotional Text Messages Sent Outside of...

Buchalter on

In 2024, a single firm in Florida started targeting social media users with an ad campaign claiming that any promotional text message sent outside the hours of 8am and 9pm violates the Telephone Consumer Protection Act. This...more

Marshall Dennehey

New Changes to Pennsylvania Attorney Advertising Rules Prohibit Text Messages to Solicit Prospective Clients

Marshall Dennehey on

In October 2024, the Pennsylvania Supreme Court adopted a series of amendments to the Rules of Professional Conduct for legal services communications. The new rule changes, which went into effect on November 14, 2024, are...more

Venable LLP

Eleventh Circuit Overrules FCC's One-to-One Consent Rule

Venable LLP on

On Friday, the Eleventh Circuit, in Insurance Marketing Coalition Ltd v. FCC, found that the Federal Communications Commission (FCC) overstepped its statutory authority in implementing robocall and robotext "one-to-one...more

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

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...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

Goodwin

Despite Legalization, Cannabis Retailers Still Face Telecom Backlash

Goodwin on

On March 31, 2021, New York became the 16th state in the U.S. (with New Mexico poised to become the 17th any day now) to legalize the recreational use of cannabis by people 21 years old or older, paving the way for the...more

Womble Bond Dickinson

Now I Get It!: Using the FCC’s Order Keeping Text Messages as “Information Services” to Better Understand the Communications Act

Womble Bond Dickinson on

Little known fact: the TCPA is just a tiny little part of something much bigger and more complex called the Communications Act of 1934, as amended by Telecom Act of 1996 (which the FCC loves to just call the “Communications...more

Robinson+Cole Data Privacy + Security Insider

Caribou Coffee faces TCPA class action for unwanted text messages

Caribou Coffee Co. Inc. (Caribou Cofee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to...more

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