Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
A Conversation with NAAG President and Iowa Attorney General Tom Miller - Regulatory Oversight Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Robocall Update: New Call Authentication Order and Obligations, Explained
The TCPA: Basics, Targeted Industries, and Trends
I was recently in the potential market for an extended car warranty. After a bit of research, I contacted CarShield to explore my options. I spoke with a representative who heartily congratulated me on qualifying for one of...more
CarShield, a company that sells vehicle service contracts (VSCs), will pay $10 million to settle FTC allegations that its advertisements and telemarketing pitches deceived consumers, the agency announced on July 31....more
In Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. (101 F.4th 176), the Second Circuit addressed critical questions regarding the definition of an “automatic telephone dialing system” (ATDS) and whether text...more
Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode....more
The 1995 Telemarketing Sales Rule (TSR), and particularly its later added Do Not Call provisions, come about as close as one can get to a universally popular government program. So anytime the FTC modifies the TSR, it is big...more
It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more
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
The United States District Court for the Eastern District of Missouri recently issued an opinion with significant implications for plaintiffs’ standing to allege violations of the TCPA under Article III. In the case of...more
The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania...more
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
Missouri AG Andrew Bailey filed a lawsuit against RSI, LLC and its owners (collectively, “RSI”), alleging that the timeshare-exit company violated the Missouri Merchandising Practices Act by making false promises and...more
A recent decision of the Ninth Circuit Court of Appeals, Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), affirmed a district court’s order granting a motion to dismiss a putative TCPA class...more
Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a...more
Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more
Wave of Class Actions Targeting Businesses Marketing to Florida Is your business at risk? With the 2022 surge of telemarketing class actions, businesses need to be increasingly concerned about their practices and...more
For years, lead generators have obtained telephone numbers for their clients to call by obtaining the consumer’s consent to receive calls from certain entities specifically identified by the lead generator. A typical model...more
NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
The regulation, approved with Presidential Decree of 27 January 2022 no. 26 and published on the Official Gazette of 29 March 2022 ("Regulation"), extends the scope of application of the Do Not Call Register ("DNCR") to all...more
A prolific plaintiffs' law firm is now facing a class action for alleged violations of the Telephone Consumer Protection Act (TCPA). ...more
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached a settlement with MyLife.com, Inc., an online seller of consumer background reports, which bans MyLife from engaging in deceptive negative option...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
On July 13, 2021, Governor Andrew M. Cuomo signed legislation that expands New York state's definition of "telemarketing" to include marketing by text messages. Under the legislation, which became effective on August 12,...more
The emerging cannabis industry in Illinois has plenty of regulatory issues to contend with including labeling, packaging, destruction and disposal of cannabis, security, inventory, and recordkeeping just to name a few....more
Florida recently amended its existing telemarketing laws, the Florida Do Not Call Act and the Florida Telemarketing Act. SB 1120, which went into effect July 1, 2021, imposes significant additional restrictions (and...more