The late Justice Scalia often said, “The law means what it says and says what it means.” The ever-evolving Telephone Consumer Protection Act (“TCPA”) sometimes tests that maxim. But recently, in a case captioned Bais Yaakov v. ACT, the First Circuit Court of Appeals held that the TCPA does mean what it says regarding facsimile […]
Court Narrows TCPA Fax Opt-Out Rule Read More »
To launch a telemarketing campaign, businesses will need to build their contact lists with an understanding of how the National Do-Not-Call Registry works, how the list protects consumers’ rights, and the potential penalties associated with violating the regulations. As people grow more attached to their phones, telemarketing has become an essential tool for reaching consumers.
The Telemarketer’s Guide to Do-Not-Call Compliance Read More »
The telemarketing industry of the 21st century has many players –advertisers, call centers, and lead generators. Records for each part of a given marketing lifecycle could exist with four separate companies. So, when plaintiffs file lawsuits against telemarketers alleging violations of the Telephone Consumer Protection Act (“TCPA”), it is common for someone else to have,
I Received a TCPA Subpoena. Now What? Read More »
To help you understand how to sell to consumers through telemarketing, while complying with the law, we have created this guide for every telemarketer in order to understand consumer disclosures. The guide introduces the regulations contained in the Telemarketing Sales Rule. If you are an advertiser who wants to reach consumers through a telemarketing campaign, you may be focused
The Telemarketer’s Guide: Consumer Disclosures Read More »
Sweepstakes and similar promotional contests have been a popular marketing and brand outreach tool for decades. Recently, businesses have been utilizing the sweepstakes promotional model in conjunction with social media websites and other online and mobile marketing venues. These mobile and online mediums can be employed to vastly expand the visibility and reach of the subject
Does Your Business Need a Sweepstakes Opinion Letter? Read More »
The Telephone Consumer Protection Act (“TCPA”) prohibits the use of an autodialer or prerecorded voice when placing certain calls to consumers’ cellphones without their prior express consent. Recently, the Ninth Circuit clarified that the TCPA prohibits companies from placing all such non-emergency calls to consumers’ cellphones, without prior express consent, and not just those placed
No TCPA Exception for Job Robocalls Read More »
On August 3, 2021, Tru Kids Inc., doing business as Toys R Us (“Toys R Us” or “Plaintiff”), filed a complaint against Real Investment, LLC, doing business as Toys & Beyond (“Toys & Beyond” or “Defendant”), for trademark infringement, dilution, and unfair competition. Toys R Us is the owner of many famous trademarks that are
Toys R Us Files Trademark Infringement Complaint Against Toys & Beyond Read More »
If you are a telemarketer, you have probably heard plenty of talk about the Telephone Consumer Protection Act (“TCPA”). The TCPA is a consumer protection statute passed in 1991 and designed to protect the public from certain telemarketing tactics. As is often the case, technology has advanced exponentially faster than the TCPA, putting the law
Successfully Navigating TCPA Litigation Read More »