News & Analysis as of

Telemarketing Sales Rule Robocalling Telephone Consumer Protection Act

Hinch Newman LLP

California Federal Court Holds RVM Platform Provider Not Liable for Violation of Telemarketing Sales Rule

Hinch Newman LLP on

In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

DarrowEverett LLP on

Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Cozen O'Connor

AG Task Force Issues Warning to VoIP Providers to Avoid Transmitting Illegal Robocalls

Cozen O'Connor on

The Anti-Robocall Multistate Litigation Task Force, comprised of 50 AGs, issued warning letters to eight Voice over Internet Protocol (VoIP) providers regarding concerns that they may be transmitting illegal robocall traffic...more

Troutman Pepper

Seven State AGs Announce Settlement With Robocallers

Troutman Pepper on

On August 16, a coalition of seven state attorneys general (AG) announced a settlement with participants alleged to be involved in a “massive” robocall operation. The stipulated order, which names Scott Shapiro, Michael T....more

McGuireWoods LLP

Record Fines and Restrictive Rules: Agencies Take on the TCPA

McGuireWoods LLP on

Recent agency activity — from imposing hefty fines to issuing new rules — demonstrates the FCC and FTC’s continued focus on the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), and underscores the...more

BakerHostetler

AD-ttorneys@law - June 2023 #2

BakerHostetler on

Don’t Look Dumb, Dude; You Sound Dumb - Is this one of those pyramid things? Hell, yeah, it is. If it wasn’t, I wouldn’t be doing it. Do I look dumb enough to go get a job again? Well... According to a recent...more

Orrick, Herrington & Sutcliffe LLP

States receive $245 million judgment against robocall operation

On March 6, the U.S. District Court for the Southern District of Texas entered stipulated orders and permanent injunctions against two individuals who, along with their companies (also named as defendants in the litigation),...more

Wiley Rein LLP

FCC and State AG Partnership Signals Major Shift in Robocall Enforcement

Wiley Rein LLP on

On July 7, 2022, the Federal Communications Commission (FCC or Commission) and the Attorney General of the State of Ohio (Ohio AG) announced a coordinated enforcement initiative that signals a major shift in how state and...more

Cozen O'Connor

Industry And Government Join Forces To Combat Robocalling

Cozen O'Connor on

On September 8, 2021, the National Association of Attorneys General (NAAG), in coordination with Michigan Attorney General Dana Nessel and Ohio Attorney General Dave Yost, kicked off its Robocall Summit. The Summit included a...more

BCLP

Supreme Court Issues Game Changing Definition of ATDS Under TCPA

BCLP on

On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more

Davis Wright Tremaine LLP

Regulators Turn to Service Providers in Fight Against Robocalls

FCC Asks "Gateway Service Providers" to Help Traceback Efforts of Foreign-Originating Calls, While FTC Warns VoIP Providers Against Facilitating Violations - The Federal Communications Commission (FCC) and Federal Trade...more

Womble Bond Dickinson

FCC Seeks Comment on TCPA’s Classification of Calls Placed Using Soundboard Systems

Womble Bond Dickinson on

On the heels of a February 2019 Public Notice regarding the same issue, the Federal Communications Commission’s (“FCC” or Commission”) Consumer and Governmental Affairs Bureau is once again seeking comment on the TCPA’s...more

Womble Bond Dickinson

Don’t Call It a Comeback: The National Do Not Call Registry (“DNCR”) Has Been Here for Years, but DNCR-Based Litigation May Be on...

Womble Bond Dickinson on

Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more

Womble Bond Dickinson

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

Womble Bond Dickinson on

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Manatt, Phelps & Phillips, LLP

Advertising Law - June 2016 #4

FTC Shuts Down Scam Touting Aid for Disabled Individuals - A telemarketer faces a Federal Trade Commission ban on claims that the sales of products would help disabled individuals....more

Perkins Coie

Buried in the Fine Print—The FTC Addresses Prior Express Consent Under the TSR

Perkins Coie on

In a July 14, 2015 letter to PayPal, the FTC indicated that consent language buried within a “lengthy user agreement” does not satisfy the requirement under the Telemarketing Sales Rule (TSR) that companies obtain prior...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

Davis Wright Tremaine LLP

FTC and State AGs: Political Survey Preface Does Not Allow Sales Robocalls to Avoid Do-Not-Call and Telemarketing Sales Rule...

The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other companies that, respectively, alleged and...more

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