man holding cell phone blurring background FCC TCPA

Petition to FCC Seeks TCPA Ruling and Clarification 

Blog, Telemarketing Law /

Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s current TCPA rules. Below, we discuss the petition in further detail.   Petition Claims Current TCPA Rules Require FCC Action  In response to an “alarming surge in […]

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blue baseball seats NY Fantasy football baseball gambling betting

NY Fantasy Sports Operator Accused of Running Illegal Betting Platform 

Blog, Online Gambling Law /

Last week, a putative class action Complaint was filed against a major fantasy sports company in the United States District Court for the Eastern District of New York. In Ballentine v. Underdog Sports, LLC, Plaintiffs allege that Defendant violated NY’s fantasy sports law by offering illegal sports bets that it deceptively marketed as daily fantasy

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guy holding phone at a desk with a mug next to him TCPA telemarketing iphone

FCC’s TCPA Consent Revocation Rule Effective April 11, 2025!

Blog, Telemarketing Law /

In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation rule remains intact and is effective April 11, 2025. Below, we discuss the FCC’s TCPA consent revocation rule in further detail. New

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group of friends looking at laptop together refer a friend telemarketing data privacy laws TCPA

Refer a Friend Promotions? Get Consent! 

Blog, Data & Privacy Law /

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp., the Court held that Plaintiff had sufficiently plead claims against Defendant pursuant to Washington’s Commercial Electronic Mail Act (“CEMA”) and

Refer a Friend Promotions? Get Consent!  Read More »

girl on red iphone TCPA claim telemarketing telephone marketing TCPA claim

Autodialer TCPA Claim

Blog, Telemarketing Law /

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

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mondaq global thought award winner david klein

Honored that our Managing Partner, David O. Klein, has been recognized by Mondaq as a Thought Leader for the United States.

Journal, Publications /

? Congratulations to the WINNERS for Media, Telecoms, IT, Entertainmentin Mondaq’s Autumn 2024 Thought Leadership Awards, recognizing the most-read authors across all topic areas in their country. Each of our winners have demonstrated exceptional knowledge and insight, providing valuable legal insights and advice to our global audience. View here ➡️https://lnkd.in/egNaZ8JJ A big congratulations to each of our award winners! ? Australia

Honored that our Managing Partner, David O. Klein, has been recognized by Mondaq as a Thought Leader for the United States. Read More »

TCPA telemarketing tcpa laws woman holding phone outside

Act Quickly After Receiving a TCPA Subpoena 

Blog, Telemarketing Law /

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.

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people in public on phone girl or boy holding cell phone mobile TCR registry

Do You Need Help With TCR Registration?

Blog, Internet Law, Telemarketing Law /

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 »