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ArentFox Schiff

Significant Updates to Telephone Consumer Protection Act to Take Effect Next April

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Earlier this year, the Federal Communications Commission (FCC) adopted changes to its Telephone Consumer Protection Act (TCPA) regulation to include more specific requirements concerning the ability of consumers to opt out of...more

Klein Moynihan Turco LLP

TCPA One-to-One Consent – Are You Ready?!

The worlds of telemarketing and lead generation will see significant change next month. Industry change of this magnitude was last seen in October of 2013, when the Telephone Consumer Protection Act (“TCPA”) was amended to...more

Cimplifi

Going Mobile: Data Discoverable on Mobile Devices

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If you ask most legal professionals about discovery of data from mobile devices, the discussion typically turns to text messages. However, there are several other data types unique to mobile devices that are not only...more

Array

This Week in eDiscovery: AI Terms of Use Address Legal | Non-Traditional Communications

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 17-23. Here’s what’s...more

Fisher Phillips

New Robotext and Robocall Rules Coming Online in 2025: What Your Business Needs to Know to Comply

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Businesses that use robocalls or robotexts for marketing purposes will soon need to adjust to new rules that take effect in early 2025. The Federal Communications Commission made several changes to rules under the Telephone...more

Troutman Pepper

FCC Announces Effective Date for One-to-One Consent Rule

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Late last year, we discussed the Federal Communications Commission’s (FCC) new rule aimed at closing the “lead generator” loophole by requiring telemarketers to obtain one-to-one consent from consumers for robocalls and...more

Womble Bond Dickinson

Litigation Regarding Refer-a-Friend Programs Under Long-Standing Washington Commercial Texting Prohibition on the Rise

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Washington state’s Consumer Electronic Mail Act (“CEMA”), a statute enacted back in 2003 prohibits companies conducting business in Washington state from sending or providing “substantial assistance or support” in the...more

Klein Moynihan Turco LLP

Telemarketers Ask: What Is an Oklahoma Automated System?

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On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The...more

Bradley Arant Boult Cummings LLP

Navigating Claims Under the Florida Telephone Solicitation Act and Florida Telemarketing Act

A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The...more

Womble Bond Dickinson

FCC TCPA One-to-One Lead Generator Consent Rule in Effect January 27, 2025

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In January 2024, the FCC adopted a Report and Order that closed the so-called “lead generator loophole,” and also included a number of new consent-related requirements....more

Troutman Pepper

Effective Date Announced for New TCPA Rules on Consent Revocation

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As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more

Klein Moynihan Turco LLP

Are Law Firms Susceptible to TCPA ATDS Claims?

On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National...more

EDRM - Electronic Discovery Reference Model

[Webinar] eDiscovery Trends & Predictions: 2024 in Review and What to Expect in 2025 - November 14th, 1:00 pm - 2:00 pm ET

Staying ahead of the curve in legal tech and ediscovery requires knowing where the industry has been – and where it’s heading. In 2024, the pace of innovation brought new challenges and opportunities to ediscovery, from the...more

Klein Moynihan Turco LLP

TCPA Text Lawsuits Are a Dangerous Play!

On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

Shipman & Goodwin LLP

See You In Court - November 2024

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Sometimes we hear that opposites attract, and such was the case between two members of the Nutmeg Board of Education. Board members Penny Pincher and Mal Content rarely see eye to eye on the challenges the Board faces, with...more

Association of Certified E-Discovery...

How the Default Settings for the Deletion of Text Messages Can Impact Sanctions

In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — FCC Sets Effective Date for Calling and Texting Consent Rules, Takes...

Earlier this year, the Federal Communications Commission (FCC) adopted a series of rules clarifying and imposing a number of calling and texting compliance obligations related to consumer consent revocation requests under the...more

Ballard Spahr LLP

FCC sets April 15 as effective date for new robocall rules

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The FCC set April 11, 2025 as the effective date for new rules designed to make it easier for consumers to revoke consent for calls and texts subject to the Telephone Consumer Protection Act and requiring callers honor these...more

Vedder Price

TCPA Turnstile: Four Scariest Developments (and a Potential Ray of Light Amid the Fright) (TCPA Update Vol. 19)

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As we reach the peak of this year’s Spooky Season, we thought it would be helpful to revisit some of the scariest recent developments in the realm of TCPA litigation and compliance. The conventional wisdom is that some of...more

Ius Laboris

Can Digital Dismissal Satisfy ‘Written Notice’ Requirements?

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New workplace technologies are influencing the ways in which dismissals are communicated. But under what conditions is it legitimate to use these ‘alternative’ communication methods?...more

Kilpatrick

N.C. district court makes clear that cell phone may constitute a residential phone in denying motion to dismiss TCPA class action

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A North Carolina federal district court recently denied a motion to dismiss a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”) based on the receipt of text message solicitations....more

Klein Moynihan Turco LLP

Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action

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On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

Brownstein Hyatt Farber Schreck

FCC Announces Effective Date for New Revocation of Consent Order

Earlier this year, the Federal Communications Commission (FCC) published a new report and order (“Order”) concerning revocation of consumer consent under the Telephone Consumer Protection Act (TCPA). The new rules revise how...more

Womble Bond Dickinson

New FCC TCPA Consumer Consent Revocation Mandates Effective April 11, 2025

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In February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that...more

EDRM - Electronic Discovery Reference Model

[Webinar] Scary Important eDiscovery Case Law Decisions for October - October 31st, 1:00 pm - 2:00 pm ET

Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...more

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