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Text Messages Robocalling Marketing

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — March 2025

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover two...more

BCLP

The TCPA’s New Opt-Out Rules Take Effect on April 11, 2025 - What Does This Mean for Businesses?

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The legal world has been abuzz with news of the Federal Communications Commission's One-to-One Consent Rule, which was vacated by the 11th Circuit Court of Appeals last month. However, an additional new FCC rule warrants...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Not Dead Yet

As we previously reported, at the eleventh hour, the Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) much-anticipated one-to-one consent rule in Insurance Marketing Coalition...more

McDermott Will & Emery

2024 Updates to State Mini-TCPA Laws

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Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

BCLP

FCC’s New 1:1 Consent Rule Spells Trouble in 2025

BCLP on

On January 27, 2025, the new Federal Communications Commission (“FCC”) rule requiring telemarketers to obtain one-to-one consent for robocalls/texts is scheduled to go into effect. Expanding on the Telephone Consumer...more

Faegre Drinker Biddle & Reath LLP

TCPA Boundaries Drawn: Marketing Text Messages to Known Telephone Numbers Permitted

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

Venable LLP

Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting

Venable LLP on

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

Pierce Atwood LLP

FCC Issues New Consent Requirements for Certain Marketing Communications

Pierce Atwood LLP on

In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

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

Benesch

FCC Set to Upend Lead Generation Industry

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On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

Goodwin on

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

Troutman Pepper Locke

Twenty-Eight AGs Call for Stricter FCC Spam Call and Text Rules

Troutman Pepper Locke on

On June 8, a bipartisan coalition of 28 attorneys general issued a letter, supporting the Federal Communications Commission’s (FCC) proposal to close a “loophole” that currently allows lead generators to collect and sell...more

Carlton Fields

CF on Cyber: An Update on the Changes to the Florida Telemarketing Act

Carlton Fields on

On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron Weiss and Charles...more

Seyfarth Shaw LLP

Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19

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THC, CBD, CBN…the Cannabis industry is quite familiar with acronyms. But it’s another nasty little four letters, TCPA, that are – or should be – on the top of mind for every dispensary, delivery service, CRM platform, and...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Womble Bond Dickinson

What Constitutes an Advertisement Under the TCPA? Two Courts Draw the Line In Recent Opinions

Womble Bond Dickinson on

Under the TCPA, the difference between “informational” messages and “advertisements,” or “solicitations,” can be a subtle one, and, on many occasions, a business’s TCPA liability – and quite possibly its financial stability –...more

Womble Bond Dickinson

Second District Court in the Nation Holds That a Ringless Voicemail is a “Call” Under the TCPA

Womble Bond Dickinson on

Back in July of last year, a Michigan Western District Court became the first court in the country to hold that a “ringless” voicemail—technology which “deposits” a voicemail into a consumer’s voice mail box without actually...more

Robinson+Cole Data Privacy + Security Insider

FCC issues supplementary information clarifying TCPA robocall rules

We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more

Polsinelli

Named in a TCPA Lawsuit? Liability Strategy May Avoid Crippling Damages

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Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign...more

Wilson Sonsini Goodrich & Rosati

New State Laws Enacted to Address Marketing Calls and Texts to Cellular Numbers

People want relevant information at their fingertips. This commonly means obtaining information through mobile devices by several methods, including telephone calls, text messages, in-app messages, and push notifications....more

Mintz - Privacy & Cybersecurity Viewpoints

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer...more

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