Does Soundboard Technology Comply with TCPA and TSR

Does use of Soundboard Technology Violate the TCPA?

Blog, Data & Privacy Law, Online Marketing & Advertising Law, Telemarketing Law /

On September 13, 2019, Florida-based company Yodel Technologies LLC (“Yodel”) petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling concerning the use of soundboard technology.  Specifically, the petition addresses the question of whether soundboard technology should be considered a pre-recorded voice message, or “robocall,” within the meaning of the Telephone Consumer Protection Act (“TCPA”).  […]

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CCPA Amended to Require California Data Broker Registration

Blog, Data & Privacy Law, Internet Law, Journal, Online Marketing & Advertising Law /

September 23, 2019 On September 13, 2019, the California State Legislature passed Assembly Bill No. 1202 (the “Bill”), amending the California Consumer Privacy Act (“CCPA”) to require certain businesses to register as data brokers with the State Attorney General’s Office. The Legislature believes that a California data broker registry will provide greater transparency on the

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CCPA Compliance Preparation – Must all Businesses Comply?

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

September 13, 2019 As readers of this blog well know, on January 1, 2020, the California Consumer Privacy Act (“CCPA”) will go into effect. Businesses must be prepared to comply with the CCPA in order to avoid civil penalties of up to seven thousand five hundred dollars ($7,500) per violation. The first step in that

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New Jersey Fantasy Sports Operator Settles with State

Blog, Internet Law, Journal, Online Marketing & Advertising Law /

September 13, 2019 On August 16, 2019, fantasy sports operator SportsHub Games Network, Inc. (“SportsHub”) and the New Jersey Attorney General entered into a Consent Order in which SportsHub agreed to pay a $30,000 penalty for operating a fantasy sports website in New Jersey without a permit. Pursuant to the terms of the New Jersey

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Federal Appeals Court Issues Major TCPA Law Decision

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

September 9, 2019 The United States Court of Appeals for the Eleventh Circuit (the “Court”) recently issued a ruling declaring that the receipt of a single unsolicited text message advertisement is insufficient to permit the text recipient to sue in federal court for alleged violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA law

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Deceptive Marketing Practices, Lead Generators and the FTC

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

August 30, 2019  On August 27, 2019, an Illinois-based operator of several post-secondary and vocational schools entered into a stipulation and order with the Federal Trade Commission (“FTC”) arising out of allegations of deceptive marketing. Specifically, the FTC alleged that Career Education Corporation and its subsidiaries (collectively, “CEC”) violated Sections 5, 13, and 19 of

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Tom Brady’s “Tom Terrific” Trademark Application Sacked by Trademark Law

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law /

August 29, 2019 On May 24, 2019, Tom Brady’s company, TEB Capital Management, INC. (“TEB”), submitted separate intent-to-use trademark applications for “Tom Terrific” (the “Mark”) in connection with international class 025 for T-shirts and shirts, and international class 016 for collectible trading cards, sports trading cards, posters, and printed photographs, respectively. These applications were refused

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