Enacted in 1998, Washington’s Commercial Electronic Mail Act (“Washington Email Statute”) was aimed at curtailing consumers’ receipt of commercial email at a time when: (1) consumers had limited internet access; and (2) internet service providers typically charged for time spent accessing the internet. Despite its noble purpose, Washington’s Email Statute now is being used to […]
Beware of Washington’s Commercial Email Statute! Read More »
Readers of this blog know that the Federal Communications Commission (“FCC”) declared that telemarketing calls utilizing artificial intelligence (“AI”) are subject to the Telephone Consumer Protection Act’s (“TCPA”) restrictions on “artificial or prerecorded voice” transmissions. With the use of AI becoming more prevalent, several states have taken steps to regulate the use of AI in calls to consumers. Below, we discuss: (1) a few states that have regulated the use of AI
AI Telemarketing Calls Read More »
Although originally adopted on February 16, 2024, the Federal Communications Commission again has decided to delay the effective date of its opt-out regulation until January 31, 2027. We discuss the reasoning for the most recent delay below. TCPA Opt-Out Regulation Delayed, Again Slated to go into effect on April 11, 2025, the FCC’s opt-out rule amended the Telephone Consumer Protection Act’s (“TCPA”) implementing regulations to require callers to treat opt-out requests in response to one type of message as applicable to all future calls/texts (“Opt-Out Regulation”). After
New Effective Date for TCPA Opt-Out Rule! Read More »
In the past couple of years, we have seen an explosion in the number of demand letters and lawsuits involving alleged violations of the California Invasion of Privacy Act (“CIPA”). Oftentimes, recipients of a CIPA demand feel helpless, lacking a sense for both what the claimed wrongdoing is and how to appropriately defend themselves. A CIPA action may take a variety of forms, and having a basic
Have You Been Threatened With A CIPA Action? Read More »
Following the United States Supreme Court’s decision in McLaughlin v. McKesson, companies facing alleged Telephone Consumer Protection Act (“TCPA”) violations are able to challenge areas of the TCPA that had been relatively foreclosed by previous Federal Communications Commission (“FCC”) interpretations or guidance. Post-McLaughlin, the most prevalent challenge has focused on the meaning of the term
Are Text Messages Telephone Calls For TCPA DNC Private Right of Action Purposes? Read More »
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 »