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
As previously blogged about, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping...more
The proposed amendment significantly tightens the conduct that constitutes a violation of the Florida Telephone Solicitation Act (FTSA). The amendment narrows the definition of “autodialer,” limits violations to...more
A recent decision from the U.S. District Court for the Northern District of Texas reaffirms the FCC’s interpretation that calls and text messages regarding consumer surveys and other market research do not qualify as...more
The Telephone Consumer Protection Act (TCPA) poses a constant threat to companies that wish to communicate with existing and prospective customers because the statute imposes strict liability on companies that call or text...more
FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls - The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed...more
New York’s Nuisance Call Act (NYNC Act), signed into law in December 2019 and effective as of March 1, 2020, amends New York’s telemarketing law (specifically, N.Y. Gen. Bus. Law § 399-z) by requiring live voice outbound...more
Businesses may dial large volumes of numbers daily for a variety of legitimate purposes. These calls now appear to have become swept up and conflated with illegal robocalls, with a number of undesirable consequences....more
The world of the TCPA is marked by constant flux and 2018 proved to be a particularly fluctuating year as the TCPA yo-yo'ed between positive court decisions, alarming legal enforcement against violators of the TCPA, and...more
The U.S. is undergoing the longest government shutdown in the nation’s history, and it is taking a toll on the consumer’s economic welfare in more ways than one. Every day, Americans fall victim to harassing telemarketing...more
On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more
As I reported a few weeks back, a block of 14 Democratic Senators recently wrote to FCC Chairman Pai and urged him to maintain the Commission’s broad reading of, inter alia, the TCPA’s ATDS definition. Not to be outdone,...more
On March 16, 2018, the United States Court of Appeals for the District of Columbia Circuit issued its long awaited decision in ACA International v. FCC, in which a group of petitioners across a spectrum of industries sought...more
Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018). The...more
The Telephone Consumer Protection Act (“TCPA”) makes it unlawful to make autodialed calls without the prior express consent of the “called party.” 47 USC §227(b)(1)(A). ...more
The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more
In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more
Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions...more
Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more