Beginning October 1, 2024, telemarketers will have to pay higher fees for access to phone numbers on the National Do Not Call Registry. In a unanimous decision, the FTC increased annual subscriptions by $2 for access to a...more
On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more
Since the Supreme Court of the United States issued its 2021 ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more
In the case of Taylor v LeadPoint, Inc., the Middle District of Florida denied defendant, LeadPoint’s, motion to dismiss finding that even unanswered calls could constitute “telephone solicitations” under the TCPA....more
On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (Declaratory Ruling), in which it determined that “ringless voicemail” to wireless phones requires prior consumer...more
On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by...more
Dealers and automotive sales finance companies must proceed with caution when considering using ringless voicemail services to reach leads and current customers. The few courts that have considered the application of the...more
Ringless Voicemail (“RVM”), also known as direct-to-voicemail, is a growing telecommunications technology that allows telemarketers and businesses to “drop” voicemails directly into a consumer’s telephone voicemail. To do so,...more
A few weeks back TCPAland learned that so-called ringless voicemails–including VoApp’s industry-leading Direct Drop ringless voicemail product–were subject to the TCPA after all. This was contrary to the hopes and...more
Despite Jay Edelson’s pronouncement this week that there is no new ground to till in TCPAland, a court this week just issued yet another first-in-the-nation ruling and it could have a big impact on users of so-called “direct...more
Revocation? Think Again. - On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more