Fax Marketer Found Liable for $48 Million after Gaining Valid TCPA Consent, Appeals to U.S. Supreme Court

By now, most of our readers are aware that the Telephone Consumer Protection Act (“TCPA”) places strict restrictions upon those who place telemarketing calls and send text messages.  However, it is important to also be aware of the fact that under the TCPA, the Federal Communications Commission (“FCC”) is empowered to regulate marketing material that is […]

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FTC Aggressively Targeting Health Supplement Advertising

Earlier this week, we advised of impending federal action in the health supplement marketing space.  (Marketers of Weight-Loss Products Targeted by FTC).  Yesterday, the Federal Trade Commission (“FTC”) announced settlements with six separate health supplement providers concerning allegedly deceptive marketing practices.  The combined settlements value over $83.7 million, with one settlement requiring the wife of

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Guess Who Has Now Been Sued in a Putative TCPA Class Action? Guess?.

Happy New Year! Well, not so happy for Guess ?, Inc. (“Guess”), which was recently sued in California federal court for allegedly violating the Telephone Consumer Protection Act (“TCPA”). Details of Guess TCPA Class Action The Class Action Complaint alleges that Guess sent the Plaintiff multiple unsolicited text messages promoting its goods and services to

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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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