On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury Vehicles, Inc. Plaintiffs sued Manhattan Luxury Vehicles (“Defendant”) for allegedly violating the Automatic Telephone Dialing System (“ATDS”) and Do Not Call […]
Court Rules TCPA Consent Cannot be Transferred Read More »
Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related marketing to obtain one-to-one consent to telemarket to consumers. Following the Federal Communications Commission’s (“FCC”) rulemaking on one-to-one consent, the
Medicare One-to-One Consent Rules Go Into Effect October 1! Read More »
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these lawsuits are concentrated in jurisdictions that have enacted broad wiretapping statutes. One such jurisdiction is Pennsylvania, with a statute known as the
Favorable Pennsylvania Wiretap Decision Read More »
Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida Telephone Solicitation Act (“FTSA”). The TCPA is a federal statute that restricts certain types of telemarketing communications. The FTSA, colloquially known as
TCPA Case Filings on the Rise! Read More »
Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions highlight an additional avenue of defense for companies facing potential TCPA liability. The question presented in each of these cases was whether certain
What Constitutes A TCPA Solicitation? Read More »
Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand awareness through the allure of prizes. However, there are numerous regulatory considerations and social media network rules that apply to each aspect of this marketing approach,
How to Run A Social Media Sweepstakes Promotion Read More »
Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the claims in Plaintiff’s Telephone Consumer Protection Act (“TCPA”) lawsuit. Plaintiff sued RPM for allegedly calling him numerous times without his
Be Aggressive in Defending TCPA Lawsuits! Read More »
By awarding prizes in connection with a sweepstakes promotion, a business can generate valuable publicity and goodwill. This is especially true when the sweepstakes sponsor is able to publish the name and/or likeness of the winner. Putting a name and face to the winning entrant is an effective means of connecting with the public and
Sweepstakes Publicity Releases Read More »