A recent federal district court ruling provides more guidance on how courts define “express consent” under the Telephone Consumer Protection Act (“TCPA”) in the debt collection setting. In Sharp v. Allied Interstate Inc., the court relied on earlier Federal Communications Commission (“FCC”) rulings that had found that prior express consent had been provided by consumers […]
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Whether you are an advertiser or a marketer, if you engage in email advertising you have received, or likely will receive, a settlement demand letter or papers commencing a lawsuit from one of many California-based plaintiffs or law firms. While many advertisers and marketers anticipated an explosion of lawsuits after the passage of the CAN-SPAM
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Amidst New York City, Chicago and Los Angeles implementing citywide indoor bans on e-cigs, the Food and Drug Administration (FDA) released its proposed e-cig regulations last week, more than a year after their originally scheduled release date. In this post, we will provide a broad summary of the much-anticipated e-cig regulations. New E-Cig Regulations Currently,
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The United States District Court for the District of Maryland recently refused to dismiss a putative Telephone Consumer Protection Act (“TCPA”) class action filed against Burger King Corp. (“Burger King”), for allegedly sending thousands of unauthorized facsimile messages advertising its food delivery services. Plaintiff, a realty corporation, argued that Burger King had violated the
Burger King Can’t Have it Its Way: TCPA Class Action Continues Read More »
What is the TCPA? The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991. On October 16, 2013, the last of the most recent amendments to the TCPA regulations went into effect. The TCPA, with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited telemarketing
Help! I Was Named Personally in a TCPA Lawsuit Read More »
Earlier this month, the Director of the Federal Trade Commission’s Bureau of Consumer Protection (“FTC”) sent a joint letter to Facebook, Inc. (“Facebook””) and WhatsApp Inc. (“WhatsApp”) in anticipation of Facebook’s acquisition of WhatsApp, an instant messaging service with hundreds of millions of users worldwide. While hailing WhatsApp’s Privacy Policy, the FTC reminded WhatsApp and
As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes that utilize autodialers or pre-recorded messages. Of late, the statute has been the basis for several high profile class action lawsuits.
What is an “Autodialer” under the TCPA? Read More »
Operating an affiliate marketing network can be an effective means of leveraging the marketing capacity of thousands of web venues and marketers without actually incurring the expense of establishing those venues and hiring those marketers, as applicable. Importantly, well drafted affiliate marketing agreements with the affiliates and advertisers participating in your network can also greatly
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