Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most instances, TCPA consent is a general prerequisite for contacting consumers with advertisements either by placing calls or by sending text messages using automated means. Valid consent is comprised of several […]
TCPA Consent Issues Defeat Class Certification Read More »
Almost every week, at least one court hands down a new decision interpreting the autodialer ban contained in the Telephone Consumer Protection Act (“TCPA”). In the decisions released after the U.S. Supreme Court’s opinion in Facebook v. Duguid, lower courts have overwhelmingly interpreted the TCPA’s definition of “autodialer” as requiring the use of a number
Arizona Court Dismisses Autodialer Case Read More »
Social media platforms have become an increasingly common forum for social interactions around the globe. To illustrate their burgeoning popularity, Facebook, alone, garners about 1.9 billion unique daily users. Given the widespread usage of social media by consumers, many businesses are exploring ways to use these platforms as marketing vehicles. Social media marketing efforts may
The Legal Implications of Social Media Marketing in 2021 Read More »
The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. Congress and regulators cannot seem to keep up with new technology and new marketing methods, making the TCPA more patchwork quilt than finished product. Recent court decisions have had to fill in gaps in the TCPA, with new
TCPA Class Action Lawsuit Defense: A Primer Read More »
Telemarketing is sometimes misunderstood, oversimplified, and even viewed negatively. There is much more to it than the unexpected call you get from a strange number while you’re trying to enjoy dinner. Reaching out to consumers using the phone is often an essential tool for most businesses. Getting the consumer on a phone call to respond
The Complete (Almost) TCPA Compliance Checklist for Telemarketers Read More »
You are most likely familiar with the federal law governing email marketing, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”). CAN-SPAM serves as the primary piece of legislation regulating commercial email advertising. However, because CAN-SPAM does not permit individual email recipients to bring lawsuits for alleged statutory violations, it is
Does Your Email Marketing Comply with the Law? Read More »
On July 1, 2021, Florida’s version of the Telephone Consumer Protection Act (“TCPA”), the Florida Telephone Solicitation Act (“FTSA” or the “Act”), went into effect. Sometimes dubbed the Florida “Mini-TCPA,” the Act implements important changes to Florida’s telemarketing laws that mark out vital distinctions from its federal TCPA counterpart. While FTSA litigation under the revised
FTSA Litigation: Have You Been Sued Under the Florida Telephone Solicitation Act? Read More »
The proverbial battle of David versus Goliath is currently unfolding in United States District Court for the Northern District of California. The Cookie Department, Inc. (“Cookie Department”), a California cookie maker, is embroiled in trademark litigation with sweets superpower, The Hershey Company (“Hershey Co.”). Both allege that the other has engaged in trademark infringement. The
Trademark Infringement: A Kiss of Death? Read More »