
Brush Up on Telemarketing


What Is A “Residential Subscriber” Under The TCPA?

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

Federal Wiretapping Claims – The Next Frontier?
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act

TCPA Lawsuits Should Be Closely Scrutinized
Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida

Insurance Company Hit With TCPA Claim
A recent class action lawsuit filed in a Texas federal court asserts a Telephone Consumer Protection Act (“TCPA”) claim against American Family Life Assurance Company,

One-to-One Consent Rule Oral Argument Goes Well For Industry
The Federal Communications Commission’s (“FCC”) one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit

Trucking Marketing Communications are Subject to Various Regulations!
On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District

Prerecorded Voice Claims Must be Factually Supported
On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis v. Rockloans Marketplace, LLC, the Court granted Defendant’s Motion to Dismiss, in part,finding

DNC Demand Letters Are a Serious Matter
As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call (“DNC”) regulations. Many DNC lawsuits, that eventually end in

TCPA One-to-One Consent – Are You Ready?!
The worlds of telemarketing and lead generation will see significant change next month. Industry change of this magnitude was last seen in October of 2013,

Major CIPA Victory!
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on

Telemarketers Ask: What Is an Oklahoma Automated System?
On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are,

Are Law Firms Susceptible to TCPA ATDS Claims?
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the

TCPA Text Lawsuits Are a Dangerous Play!
On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly