April 2014

Protect Yourself Against Personal Liability Under the TCPA

The number of Telephone Consumer Protection Act (TCPA) class action lawsuits has exploded in the past couple of years. The October 16, 2013 amendments to the TCPA regulations and the often liberal interpretation of the statute by Federal District Courts and the Federal Communications Commission (FCC) has further emboldened TCPA class action plaintiffs. There now […]

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Another State May Expand COPPA-type Protection to All Minors

On July 1, 2013, following the Federal Trade Commission’s (FTC) adoption of the final amendments, the updated Children’s Online Privacy Protection (COPPA) Rule went into effect. The amended COPPA rule strengthens privacy protection for minors under 13 years of age in connection with their use of websites and mobile apps.  The amended COPPA Rule also

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TCPA Debt Collection Calls Can Only Be Placed to Cell Phone Subscribers

On March 28, 2014, the United States Court of Appeals for the Eleventh Circuit ruled that debt collection calls can only be placed to the subscriber of the cellular telephone being called under the Telephone Consumer Protection Act (“TCPA”).  Specifically, section 227(b)(1)(A)(iii) of the TCPA states, in part, that it shall be unlawful to make

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FCC Grants TCPA Exemption for Package Delivery Alert Text Messages

On March 27, 2014, the Federal Communications Commission (“FCC”) issued an Order granting package delivery companies an exemption from the Telephone Consumer Protection Act (“TCPA”) to permit them to alert wireless consumers about delivery of their packages, as long as consumers are not charged and may easily opt-out of future messages. Background The Order was

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