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Telemarketing The United States Federal Communications Commission Written Consent

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Hinch Newman LLP

Three Things Lead Generators Need to Know About the FCC Single Seller Ruling

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As previously blogged about, here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written...more

Fenwick & West LLP

Strategies for Success in Telemarketing’s Shifting Landscape

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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

Hinch Newman LLP

FCC Publishes Final Single-Seller Lead Generation Consent Rule in Federal Register, and More

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The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer...more

Troutman Pepper

AGs Urge the Federal Government to Regulate AI in Telemarketing

Troutman Pepper on

North Carolina Attorney General (AG) Josh Stein led a bipartisan effort urging the federal government to impose stricter regulations on the use of artificial intelligence (AI) in telemarketing. The collective push involved 26...more

Husch Blackwell LLP

FCC Adopts New Rule That Dramatically Changes the Prior Express Written Consent Requirement under the TCPA

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The Telephone Consumer Protection Act (TCPA) is an incredibly dangerous statute. Designed to crack down on rogue telemarketers, the TCPA has become—in the words of the former chairman of the Federal Communications Commission...more

DarrowEverett LLP

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

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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

Hinch Newman LLP

FCC Rules on Lead Generation "Consent Farms" to Capture Consent for Telemarketing Purposes

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In December 2022, the FCC’s Robocall Response Team announced that the Enforcement Bureau has ordered telecommunications companies to stop carrying robocalls related to known student loan scams. Voice service providers must...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....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...

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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

King & Spalding

Mobile Marketing - The Legal Guardrails

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Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... ...more

Wilson Sonsini Goodrich & Rosati

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

Morrison & Foerster LLP

Telemarketing? Try Tweeting

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The FCC’s revised rules for telemarketers and text marketers, taking effect in October, could signal a big shift in how companies direct market, posits Julie O’Neill, a Morrison & Foerster attorney specializing in privacy...more

BakerHostetler

Telemarketing: HIPAA Can Reverse the Charges Under the TCPA

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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

Manatt, Phelps & Phillips, LLP

Advertising Law -- Oct 18, 2013

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

Sheppard Mullin Richter & Hampton LLP

The Times They Are A Changin' (Again): A How-To Guide Regarding Compliance With New FCC Regulations Mandating Prior Express...

The following fairly unremarkable scenario occurs numerous times every day in countless commercial settings nationwide: a consumer walks up to a cash register to pay for something and, during the course of that exchange, the...more

Manatt, Phelps & Phillips, LLP

TCPA Connect -- Oct 16, 2013

It's TCPA Day - It's October 16—"TCPA Day." Today the FCC’s updated Telephone Consumer Protection Act (TCPA) regulations will finally take effect. The new rules pose significant challenges for companies seeking to...more

Burr & Forman

FCC Rule Requiring Prior Express Written Consent For Telemarketers Goes Into Effect Today

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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

Stinson LLP

The TCPA Requires Express Written Consent Starting October 16, 2013

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The Telephone Consumer Protection Act (TCPA) allows individuals to sue and recover damages for receiving unsolicited telemarketing phone calls, prerecorded calls, autodialed calls, text messages or faxes. In the past,...more

McAfee & Taft

Caller beware: Written consent now required for automated telemarketing calls!

McAfee & Taft on

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

Eversheds Sutherland (US) LLP

Legal Alert: New TCPA Rules Take Effect for Telemarketing Calls

Significant regulatory changes are taking effect under the Telephone Consumer Protection Act (TCPA) on October 16, 2013, due to a revision of the Federal Communications Commission’s (FCC) TCPA rule. The amended rule will now...more

Ballard Spahr LLP

New FCC Telemarketing Written Consent Requirement Takes Effect on October 16

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Effective October 16, 2013, all sellers and telemarketers will need a consumer's written agreement to make prerecorded telemarketing calls to residential telephone lines or autodialed or prerecorded telemarketing calls to...more

Morrison & Foerster LLP

New Automated Opt-Out, Text Message, and Prerecorded Telemarketing Rules to Take Effect in 2013

Key provisions of the Federal Communications Commission’s (“FCC”) telemarketing rule are scheduled to take effect in January and October of this year. Businesses that engage in telemarketing—including the delivery of text...more

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