On February 8, 2024, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act (“TCPA”) and its implementing rules. The FCC enacted the TCPA over thirty years ago to protect consumers from invasive telemarketing practices. Recognizing the threat that emerging AI technologies […]
FCC Clarifies AI Call TCPA Legality Read More »
On January 31, 2024, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel released a statement proposing that the FCC impose blanket restrictions on the use of artificial intelligence (“AI”) in telemarketing. Chairwoman Rosenworcel suggested that the FCC issue a Declaratory Ruling making clear that AI-generated voices are “artificial.” If deemed artificial, AI telemarketing calls, would then
FCC Chairwoman Proposes AI Telemarketing Restrictions Read More »
On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this new feature. To participate, businesses must sign up for TruContact Branded Call Display (“TBCD”) through TransUnion. Following sign-up, all
Not All Telemarketing Calls Are Unsolicited!! Read More »
As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that allegedly track website user activity in violation of the California Invasion of Privacy Act (“CIPA”). Violations of this
Use of Pen Registers Is Focus of Recent Consumer Privacy Claims Read More »
As readers of our blog know, the Florida Telephone Solicitation Act (“FTSA”) (Florida’s state law version of the Telephone Consumer Protection Act (“TCPA”)) was amended in May 2023. While the FTSA amendments narrowed the FTSA’s scope and clarified some ambiguities, two recent Florida decisions discuss the applicability of the FTSA amendments, and serve to limit
Recent FTSA Amendment Court Decisions Are Wins For Business Read More »
On January 22, 2024, the United States Court of Appeals for the Fourth Circuit issued its decision in the Career Counseling Inc. v. Amerifactors Financial Group LLC. fax litigation proceeding. The underlying litigation stems from an unwanted commercial facsimile transmission that Career Counseling alleged was sent by Amerifactors, in violation of the Telephone Consumer Protection
Class Certification Denied in TCPA Fax Litigation Read More »
On November 15, 2023, the Federal Communications Commission (“FCC”) issued a Notice of Inquiry (“NOI”) seeking comment concerning the impact that emerging artificial intelligence (“AI”) technologies may have on the telemarketing industry. The FCC regularly issues rulemakings on issues that they deem pressing. One of the areas of new concern is the legality of AI-assisted
26 Attorneys General Ask for AI Telemarketing Restrictions Read More »
As a follow up to our earlier blog, on January 16, 2024, New Jersey officially enacted its privacy law, designed to protect resident consumer personal information. The adoption of the New Jersey Data Protection Act (“New Jersey Privacy Law” or “NJDPA”) makes New Jersey the 13th jurisdiction with a comprehensive state privacy law. The New
New Jersey Passes Privacy Law Read More »