Marketers of Weight-Loss Products Targeted by FTC

Despite the Federal Trade Commission’s (“FTC”) recent focus on unsolicited telemarketing, it has not backed off in its effort to reduce deceptive marketing campaigns, generally.  As we previously detailed on this blog, in October 2013, the Federal Trade Commission (“FTC”) filed a complaint against several sellers of human chorionic gonadotropin (“HCG”), alleging that deceptive marketing techniques were […]

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All the Court’s a TCPA Stage: T-Mobile Gets Another Big TCPA Win

Last week, the United States Court of Appeals for the Second Circuit affirmed the Eastern District of New York’s decision dismissing an action brought against T-Mobile under the Telephone Consumer Protection Act (“TCPA”) due to a binding arbitration clause contained in the parties’ contract. To Arbitrate or Not? That is the Question. The plaintiff, Teddy

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FTC Brings New Lawsuit against 10 Companies and Individuals Charged with Mobile Cramming

As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) filed a complaint against several mobile marketing companies, including Tatto, Inc. and its principals, in a California federal court, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws.  “Cramming” is the act of placing

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Making TCPA Debt Collection Calls or Texts? Think Twice

Many of our readers are generally aware of the restrictions placed on telemarketing calls by the Telephone Consumer Protection Act (“TCPA”).  Specifically, the TCPA prohibits marketing phone calls and texts that are made using automated dialing equipment or that contain artificial voices and/or pre-recorded messages.  Some readers may also be aware of the fact that

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Beware: TCPA Compliant Telemarketers May Still Face Liability for Robocalls

A recent decision by the United States Court of Appeals for the Seventh Circuit will likely have an impact on the entire telemarketing industry.  The Court of Appeals reversed the ruling of an Indiana federal court relating to the potential liability of a company making non-commercial autodialed calls that complied with the Telephone Consumer Protection

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