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Are Confirmation Texts Allowed Under the TCPA?

As readers of this blog know, on May 18, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking (“NPRM”). In addition to recommending that opt-out requests be honored within 24 hours of receipt, the NPRM proposes to codify a prior Commission ruling that a single confirmation text may be sent to consumers in order to confirm consent revocation.  Confirmation Text Dos and Don’ts The Commission proposes to codify that it is not a violation of the Telephone Consumer Protection Act (“TCPA”) for marketers to send a one-time confirmation text message to consumers to confirm that they no longer

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FCC: TCPA OPT-OUT REQUESTS TO BE HONORED WITHIN 24 HOURS!

On May 18, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking (“NPRM”). Among other things, the NPRM proposes that companies honor certain unsubscribe or TCPA opt-out requests within 24 hours of receipt. To be discussed in a future blog, the NPRM also proposes to

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A Primer on Gambling Advertising Laws

Currently, six states of the Union have sanctioned online casino gaming within their borders. Twenty-four states and the District of Columbia now allow online sports betting. With the massive tax revenue that online gambling generates (roughly $24mm per month over the past year in New Jersey alone), more states are

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