On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The TCPA, or Telephone Consumer Protection Act, is a federal statute designed to protect consumer privacy by restricting certain types of […]
Telemarketers Ask: What Is an Oklahoma Automated System? Read More »
With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment window. In this open enrollment marketing blog, we will discuss permitted and prohibited marketing activities, including: (1)
Open Enrollment Marketing – The Do’s and Don’ts Read More »
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National Do Not Call (“DNC”) registry compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies obtain prior express
Are Law Firms Susceptible to TCPA ATDS Claims? Read More »
The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were enacted to address state criminal law enforcement’s wiretapping of conversations. In the last few years, however, the Plaintiffs’ Bar has seized on
California and Massachusetts State Wiretapping Laws – The Similarities and Differences Read More »
On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies maintain a list of consumers that have
TCPA Text Lawsuits Are a Dangerous Play! Read More »
On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance provisions of the Telephone Consumer Protection Act (“TCPA”). As our readers are aware, the TCPA was signed into law in 1991
Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action Read More »
Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most of these lawsuits are filed in California, companies have found themselves defending against these claims in other jurisdictions as well. A
Big Massachusetts Wiretap Victory for Industry Read More »
On October 16, 2024, the Federal Trade Commission (“FTC”) announced its final rules applicable to recurring subscription plans. According to the FTC, these rules were implemented to make it easier for consumers to stop paying for services they no longer need. As our readers are aware, the public has been submitting commentary on the FTC’s
FTC Finalizes Subscription Renewal Rulemaking Read More »