
Brush Up on Telemarketing


Receipt of CIPA Demands Triggers Texas AG Response
David O. Klein
David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.
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No Arbitration Without Clear and Enforceable TCPA Terms
Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to

Another Court Relies on Facebook to Dismiss TCPA Autodialer Claims
In April, the U.S. Supreme Court settled the question of what qualifies as an autodialer (also called an automatic telephone dialing system) under the Telephone

Split Decision: 5th and 11th Circuits Diverge on TCPA Standing
Standing, or the right to bring a lawsuit, is a contentious and often complicated doctrine in the world of the Telephone Consumer Protection Act (“TCPA”).

Does Your Business Need a TCPA Opinion Letter?
Businesses conducting outbound marketing through use of text messages, phone calls, voicemail drops, and fax advertisements must regularly evaluate whether their telemarketing practices comply with

What Type of Fax is a TCPA Advertisement?
The Telephone Consumer Protection Act (“TCPA”) prohibits the sending of unsolicited commercial fax advertisements. Pursuant to the TCPA, companies cannot send advertisements via telecopier without

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer
On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning

The Critical Role that the TCPA Plays in Outbound Telemarketing
If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer

An Ad or not an Ad: NY Weighs in on TCPA Surveys
Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision

Be Specific: TCPA Standing in the Eleventh Circuit
Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the

BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case
On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid

A Beginner’s Guide to TCPA Litigation Defense
You have just been served with a complaint that alleges that your company violated the Telephone Consumer Protection Act (“TCPA”). The Complaint alleges that a

TCPA Wrong Number Litigation: A Class Action Story
Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This