tcpa consent

The Telemarketer’s Guide to TCPA Consent

Blog, Telemarketing Law /

Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) face the growing risk of contacting consumers without proper TCPA consent. The Telephone Consumer Protection Act (TCPA) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, pre-recorded calls, auto-dialed calls, and text messaging. Businesses that […]

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Arizona Court Splits with Majority on Autodialer TCPA Violations- Klein Moynihan Turco LLP

Arizona Court Splits with Majority on Autodialer TCPA Violations

Blog, Telemarketing Law /

          The law rarely moves in a uniform direction. This is especially true when it comes to the Telephone Consumer Protection Act (“TCPA”). Several recent decisions interpreting the TCPA’s autodialer prohibition have come to the same conclusion: equipment is only an autodialer if it uses a random or sequential number generator to produce the number

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TCPA Liability: Clickwrap v. Browsewrap

How to Navigate TCPA Liability on Your Website: Clickwrap v. Browsewrap.

Blog, Telemarketing Law /

The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, and text messaging. Businesses that violate TCPA regulations may face lawsuits brought by unhappy consumers. These can get extremely expensive in the case of class actions, which often involve thousands of consumers and multiple violations. To safeguard your

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Is the Favorite Chef Contest an Illegal Sweepstakes?- Klein Moynihan Turco LLP

Is the Favorite Chef Contest an Illegal Sweepstakes?

Blog, Sweepstakes & Gaming Law /

On June 24, 2021, Bridget and Lisa Ward (the “Plaintiffs”) filed a class action lawsuit against Crow Vote LLC (“Crow Vote”), its owner Darrin Austin, and celebrity chef Edward Matney (collectively, the “Defendants”). The complaint alleges that the “Favorite Chef” contest promoted by Defendants was actually an illegal sweepstakes that misled consumers through use of

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No Early Dismissal in post-TCPA Facebook Case- Klein Moynihan Turco LLP

No Early Dismissal in post-TCPA Facebook Case

Blog, Telemarketing Law /

Recently, a Missouri federal court analyzed how the United States Supreme Court decision in Facebook v. Duguid (“Facebook”) interprets the Telephone Consumer Protection Act (“TCPA”). In the aftermath of the TCPA Facebook decision, the Missouri court (the “Court”) in Miles v. Medicredit, Inc. addressed whether Miles’s TCPA autodialer claims could survive early scrutiny. The Court

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Can a Sweepstakes Require a Purchase to Enter?

Can a Sweepstakes Require a Purchase to Enter?

Blog, Sweepstakes & Gaming Law /

Sweepstakes and similar promotional contests can be cost-effective means of marketing a product, service or brand based, in part, on the buzz generated by the allure of prizes.  Sweepstakes can also be a useful method for generating sales/purchases.  However, various laws can make generating sales via promotional contests a risky endeavor if the purchase of

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Call Center Agreements - Klein Moynihan Turco LLP

Telemarketing Call Center Agreements: Make the Right Call

Blog, Telemarketing Law /

Communicating with consumers via telephone and text messaging has become an increasingly effective means of consumer outreach.  To do it correctly, comprehensive and well-drafted call center agreements must be an essential component of the process.  Due to the significant risk of violating state and federal telemarketing laws, its is vital that businesses negotiate and enter

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