Finally, Some Good TCPA News for Telemarketers . . . ?

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As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers or pre-recorded messages, and has been the basis for several high profile class action lawsuits.  Despite the multi-million dollar settlements resulting from TCPA violations, there may finally be some good news for telemarketers. What is an Autodialer […]

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TCPA Action against Sallie Mae Dismissed Due to Binding Arbitration Agreement

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A TCPA action that was filed in Massachusetts federal court against Sallie Mae, Inc. was recently dismissed because of the arbitration clause contained in the promissory notes that the plaintiff electronically signed when she secured three student loans. Background: Auto-Dialed Debt Collection Calls Each promissory note contained an arbitration provision that required any claims relating

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Dietary Supplement Provider Sued for Deceptive Marketing

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Despite the Federal Trade Commission’s (“FTC”) recent focus on unsolicited telemarketing campaigns, it has not backed off in its effort to reduce deceptive marketing campaigns.  On October 21, 2013, the Federal Trade Commission (“FTC”) filed a complaint against several sellers of human chorionic gonadotropin (“HCG”), claiming that deceptive marketing techniques were used to market the

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Flavored E-Cig Regulations May Be Coming Soon for New York City

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In addition to monitoring the progress of the Food and Drug Administration’s (“FDA”) federal e-cig regulations, we have also kept our eyes focused on state-specific e-cig regulations.  As we previously noted, under Mayor Michael Bloomberg’s direction, New York City has contemplated heavily regulating flavored e-cigs throughout the City.  We have recently learned that the New York City

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Are You Prepared for California’s Strict New Internet Data Privacy Laws?

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In late September, California enacted several laws that place stricter requirements on operators of websites and other online services that collect certain information about California residents.  These Internet data privacy laws will go into effect on January 1, 2014.  One of the laws focuses on cookies, small files that are stored on users’ computers to

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Are You Ready For The New TCPA Rules?

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The TCPA                    The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991 but has only caught fire as a preferred basis of litigation in the past few years.   The TCPA, with some exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for

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New TCPA Regulations Effective Today . . . Will the Government Shutdown Affect Enforcement?

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As many of you are aware, beginning today and with limited exceptions, prior express written consent will be required for all autodialed and/or pre-recorded marketing calls/texts sent to cell phones and pre-recorded calls made to landlines.  Additionally, telemarketers can no longer rely on previous business relationships with customers to get around the prior written consent

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