Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are increasingly rare. Notwithstanding the foregoing, these cases still are filed on occasion. For example, a Texas federal court recently was tasked with having to decide […]
Autodialer TCPA Claim Read More »
The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a result, parties to an action will frequently issue TCPA subpoenas to non-parties for information that can help substantiate their respective arguments.
Act Quickly After Receiving a TCPA Subpoena Read More »
If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that text messages routed through a virtual phone service provider (“service provider”) reach their target audience. For the uninitiated, a
Do You Need Help With TCR Registration? Read More »
As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best. While prior rules of the road remain in place for TCPA compliance, Medicare marketing rules went into effect which are substantially similar
Current TCPA and Medicare Marketing Landscape Read More »
Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s renewed reliance on email marketing, there is a corresponding increase in lawsuits alleging violations of California’s email marketing statute. Below, we discuss
Email Marketing Compliance Read More »
Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent rules governing the receipt of telemarketing communications under the Telephone Consumer Protection Act (“TCPA”). In an effort to close what it
1:1 Consent Rule Vacated. What’s Next? Read More »
Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology to collect consumer data on their websites. The latest iteration of these CIPA third-party tracking software lawsuits targets CIPA and TikTok. Trap and Trace CIPA TikTok Claims In Esparza v.
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In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented the rule from becoming law on the eve of its anticipated effective date. Why was the One-to-One Consent Rule Vacated? As alluded to in
One-to-One Consent Rule Vacated: What Comes Next? Read More »