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 Protection Act (“TCPA”). Given the growing popularity of the communications technology, the implications of the ruling are likely to be significant. What are the implications
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. The lawsuit arose from allegations of violation of the Junk Fax Prevention Act (“JFPA”) amendments to the Telephone Consumer Protection Act (“TCPA”), The Appeals Court
Telemarketing is sometimes misunderstood, oversimplified, and even viewed negatively. There is much more to it than the unexpected call you get from a strange number while you’re trying to enjoy dinner. Reaching out to consumers using the phone is often an essential tool for most businesses. Getting the consumer on
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 to Virginia’s telemarketing regulations are intended to curb caller ID spoofing and broaden the definition of what a “telephone solicitation call” is within the meaning
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 a market research-related fax survey is an advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”). What are the implications of the Third Circuit’s
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 the main federal statute governing these forms of marketing, the Telephone Consumer Protection Act (“TCPA”), have exploded in recent years. The financial exposure associated with
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 anticipation of a decision from the United States Supreme Court in Barr v. American Association of Political Consultants, Inc.. The pending ruling in that case,
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 Second Circuit’s decision interpreting what constitutes an automatic telephone dialing system (“ATDS”) for TCPA law purposes bucks a recent trend that had narrowed the scope
is one of the most recognized attorneys in the 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.
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising