The Federal Trade Commission (“FTC”), and a large grocery delivery service recently agreed to resolve allegations that the company, among other things, offered consumers free trials of its paid membership program but failed to disclose certain material post-trial program terms. Below, we discuss the FTC’s allegations in detail, the terms of the proposed settlement, and […]
“Free” Trials Cost $60 Million Read More »
As our readership is aware, the Application-to-Person (“A2P”) 10-digit long code (“10DLC”) ecosystem continues to evolve as mobile carriers refine their requirements for The Campaign Registry (“TCR”). The year 2025 saw a renewed emphasis on curbing unwanted text messages and enhancing consumer trust, resulting in carriers and third-party service providers implementing stricter review standards. Consequently,
TCR Guidance in Light of 2025 Registration Developments Read More »
A few years ago, we wrote a piece about responding to civil investigative demands (“CID”) issued by regulators as part of their investigations into alleged violative business practices. Below, we discuss CIDs generally, steps to take if your company receives a CID, and best practices for responding to CIDs. What Are CIDs? Like subpoenas, CIDs are legally enforceable demands for information. To assist their pre-complaint investigations of companies believed to be violating the law, federal agencies, such as the Federal
Discussion of Civil Investigative Demands or CIDs Read More »
Already one of the more robust mini-Telephone Consumer Protection Act (“TCPA”) laws, the Michigan State Senate recently passed new legislation aimed at unsolicited telemarketing to Michigan consumers. Below, we discuss in detail Michigan Senate Bill 351 (S-4) (“SB 351”) and what it may mean for companies that telemarket in Michigan. SB 351 and Proposed Changes to Michigan’s Telemarketing Law Michigan’s telemarketing law, colloquially referred to as
Michigan Telemarketing Law Motors Through Senate Read More »
Readers may recall a recent piece in which we discussed a constitutional challenge to the implementation of Texas Senate Bill 140 (“SB 140”), which overhauled Texas’ mini-Telephone Consumer Protection Act (“TCPA”). Below, we discuss in detail the resolution of this challenge and provide an update for companies that engage in consent-based telemarketing in Texas. Texas
Texas Mini-TCPA Update Read More »
On December 3, 2025, the California Privacy Protection Agency (“CPPA”) announced that it had fined a Nevada-based marketing firm, ROR Partners LLC (“ROR”), $56,600 for failure to register as a California data broker as required pursuant to the State’s “Delete Act.” As our readers are aware, the California Consumer Privacy Act (“CCPA”), as amended by
California Data Broker Registration is Not Optional! Read More »
Earlier this year, we wrote a piece about a petition to the Federal Communications Commission (“FCC”) aimed at curbing the influx of Telephone Consumer Protection Act (“TCPA”) telemarketing quiet hours lawsuits. Since the filing of the petition, TCPA quiet hours filings have surged and a recent submission to the FCC in further support of the
Telemarketing Quiet Hours Petition Update Read More »
As our readers are aware, the Telephone Consumer Protection Act (“TCPA”) prohibits businesses from delivering certain types of unsolicited calls and text messages to consumers. Traditionally, courts have understood this prohibition to cover classic TCPA telemarketing activity involving promotions of commercial products and services. However, recent court decisions have drawn important distinctions where communications are not intended to sell products or services, but rather to inquire as to whether properties are for sale. How Does the TCPA Define Telemarketing and Solicitation? The typical TCPA lawsuit alleges that defendant initiated a telemarketing call
Offers to Buy May Not Constitute TCPA Marketing Violations Read More »