Brush Up on Telemarketing
Defendants Did Not Violate Do Not Call TCPA Rule
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
Marketing Partner Lists, The FCC, and Telemarketing’s Future
On February 23, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a telemarketing Report and Order and Further Notice of Proposed Rulemaking (“FNPR”). Most
What is the Florida TCPA?
On July 1, 2021, Florida’s Telephone Solicitation Act (“FTSA”) took effect. Recognizing the prevalence of telemarketing in the state, Florida decided to update its telemarketing
No Liability for Free-Seminar Fax Under the TCPA
On January 19, 2023, the Third Circuit Court of Appeals held that a fax containing information on an upcoming free-seminar was not an unsolicited advertisement
A Primer on TCPA Consent Language
More and more businesses are engaging potential customers via telemarketing. With this comes the growing risk of contacting consumers who have not provided proper TCPA
TCPA Lawsuits Continue into 2023
As readers of this blog know, the Telephone Consumer Protection Act (“TCPA”) was originally passed into law in 1991. At the time, cell phones were
TCPA Text Class Action Against Wolf of Wall Street Dismissed
On December 27, 2022, Judge Aileen Cannon of the Southern District of Florida entered an order dismissing the First Amended Complaint in Stephen Muccio v.
California Court Holds That Website Recording is NOT Wiretapping
On December 22, 2022, the United States District Court for the Northern District of California granted the motion to dismiss filed by Defendants, What If
9th Circuit Applies Precedent: TCPA Autodialers Must Actually Generate Telephone Numbers
Brickman v. United States On February 12, 2016, Mr. Colin Brickman filed a class action lawsuit against Meta Platforms, Inc. (“Meta”), alleging that Meta violated
First Circuit Vacates Massive TCPA Class Action Settlement Due to Conflict
The First Circuit Court of Appeals recently issued a stunning opinion, vacating a $14 million Telephone Consumer Protection Act (“TCPA”) class action settlement. In Murray
Trend Continues – More State TCPA Laws Introduced
In the wake of the United States Supreme Court’s decision in Facebook, Inc. v. Duguid, several states began enacting their own “mini” Telephone Consumer Protection
Is New York Telemarketing Dead?
No, New York telemarketing is not dead, but it is certainly heading down a winding and treacherous path. While this may sound unnerving, it is merely an observation based on recent statutory amendments to the law governing telemarketing sales efforts in New
Ringless Voicemails Require TCPA Consent
On November 21, 2022, the Federal Communications Commission (the “FCC” or “Commission”) issued a declaratory ruling and order finding that “ringless voicemails” are subject to