FCC

who governs sweepstakes

Who Governs Sweepstakes Law?

Sponsoring sweepstakes promotions are one of the most exciting marketing vehicles that a business can use to increase visibility and engage customers. Before starting, it is essential to take detailed consideration of all rules and regulations governing sweepstakes promotions. By now, readers are familiar with the basics of how to conduct a sweepstakes promotion. However, …

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FCC Clarifies TCPA Fax Exemption

December 27th, 2019 In an important decision concerning the Junk Fax portions of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) recently issued a declaratory ruling clarifying the scope of the TCPA fax exemption.  The ruling came in response to a petition filed by Amerifactors Financial Group, LLC (“Amerifactors”) requesting clarification from …

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New FCC Regulations to Curb Foreign Caller ID Spoofing

August 6, 2019 On August 1, 2019, the Federal Communications Commission (“FCC”) adopted new regulations that will allow the federal government to pursue enforcement actions against foreign businesses that knowingly “spoof” US recipients with the intent to cause harm, defraud, or obtain anything of value. Spoofing is the practice of using misleading caller ID information …

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TCPA Lawsuit “Hits” the Diamond

September 17, 2018 On September 11, 2018, Chad Fernandez (“Plaintiff”) “hit” Tampa Bay Rays Baseball Ltd. (“Tampa Bay Rays”) with a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit in Florida federal court.  In his TCPA lawsuit, Plaintiff alleges that the Tampa Bay Rays sent four unsolicited text messages to his cellular telephone using …

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FCC Issues Notice of Proposed TCPA Rulemaking on Reassigned Numbers

April 9, 2018 In early March, the Federal Communications Commission (“FCC”) issued a notice indicating that it is proposing to address the issue of Telephone Consumer Protection Act (“TCPA”) liability for dialing reassigned numbers, and seeks comment about how to go about same.   What are the FCC’s proposed solutions and how might they impact …

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D.C. Circuit Vacates FCC’s Autodialer Definition Interpretation

February 20, 2018 Late last week, the United States Court of Appeals for the D.C. Circuit issued its long-awaited decision on the challenge to the Federal Communications Commission’s (“FCC”) 2015 Order interpreting the Telephone Consumer Protect Act (“TCPA”).  While the D.C. Circuit touched upon various aspects of the FCC’s 2015 Order, it was particularly pointed …

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Telemarketing List Management Agreements: Age of Consent

December 13, 2017 List Management Agreements Telemarketing List Management Options Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently able to amass a valuable database of consumer telephone numbers.  Where permitted by the applicable privacy policy, as well as …

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FCC: No Additional TCPA Consent Required for Certain Calls to Utilities Customers

August 17, 2016 This month, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling clarifying what type of Telephone Consumer Protection Act (“TCPA”) consent is required for certain telephone calls and text messages made/delivered by utility companies. When can utility companies and their affiliates make autodialed calls?