
Brush Up on Telemarketing


7th Circuit: Unsolicited Texts, The TCPA, and No Private Right Action!
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.
Most Recent

Updating TCPA Guidance to Account for Recent Legal Developments
In the last several months, nearly every aspect of the economy has experienced significant upheaval. The marketing industry has been no exception. Recent developments have

TCPA Restrictions on Robocalls Expanded by SCOTUS
Last week, the United States Supreme Court (“SCOTUS”) issued a ruling examining the Telephone Consumer Protection Act (“TCPA”) exception for robocalls made to collect government

Job Opportunity TCPA Lawsuit Dismissed
On June 30, 2020, Judge John Sinatra of the United States District Court for the Western District of New York (the “Court”), in Gerrard v.

FCC Issues Important Autodialer Ruling
The Federal Communications Commission (“FCC”) recently issued a declaratory ruling examining whether certain peer-to-peer messaging platforms constitute an autodialer for purposes of the Telephone Consumer

Appellate Court Revives Fax Lawsuit
The United States Court of Appeals for the Seventh Circuit recently reinstated a fax lawsuit that had been dismissed by a trial court in Illinois.

Virginia’s Amended Telemarketing Regulations Go into Effect on July 1
On April 2, 2020, Virginia Governor Ralph Northam signed a bill into law that amends the State’s Telephone Privacy Protection Act (the “Act”). The amendments

Court Finds Fax Survey is TCPA Advertisement
The United States Court of Appeals for the Third Circuit recently upended the legal landscape governing fax marketing by issuing a decision which held that

Defending TCPA Litigation
Telemarketing and text message marketing can serve as an effective and economical means to engage with prospective and current customers. However, lawsuits alleging violation of

TCPA Suit Stayed Pending Decision by United States Supreme Court
A district court for Maryland recently issued a stay in a class action lawsuit involving alleged violations of the Telephone Consumer Protection Act (“TCPA”) in

Second Circuit Decision Deepens TCPA Law Split
The United States Court of Appeals for the Second Circuit recently issued a decision with far reaching Telephone Consumer Protection Act (“TCPA”) implications. Specifically, the

Appeals Court Clarifies TCPA Fax Law
The United States Court of Appeals for the Third Circuit recently issued a ruling on the issue of whether faxes sent on behalf of Cephalon,

Telemarketing in a State of Emergency
Within a few short weeks, Covid-19 (“Covid-19”), the disease caused by the novel coronavirus SARS-CoV-2, has affected nearly all aspects of life in America. The