tcpa consent Archives - Klein Moynihan Turco

Senators Request Updated Guidance from FCC on TCPA Consent

On August 7, 2023, twelve United States senators penned a letter to the Federal Communications Commission (“FCC” or the “Commission”) requesting that the Commission issue guidance on current Telephone Consumer Privacy Act (“TCPA”) consent regulations (the “Letter”). As our readers are aware, the FCC has already promulgated comprehensive telemarketing rules. However, the senators argue that […]

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28 Attorneys General Ask for Major TCPA Consent Changes

Blog, Telemarketing Law / David Klein

On March 16, 2023, the Federal Communications Commission (“FCC”) issued a Report and Order and Further Notice of Proposed Rulemaking (“FNPR”) addressing a variety of issues under the Telephone Consumer Protection Act (“TCPA”). As our readership is aware, the TCPA is a federal statute designed to protect consumer privacy by restricting certain types of telemarketing

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A Primer on TCPA Consent Language

Blog, Telemarketing Law / David Klein

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 consent. The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls and text messages. A business that violates TCPA regulations faces fines of up

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TCPA Consent Issues Defeat Class Certification

Blog, Telemarketing Law / David Klein

Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most instances, TCPA consent is a general prerequisite for contacting consumers with advertisements either by placing calls or by sending text messages using automated means. Valid consent is comprised of several

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The Telemarketer’s Guide to TCPA Consent

Blog, Telemarketing Law / David Klein

Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) face the growing risk of contacting consumers without proper TCPA consent. The Telephone Consumer Protection Act (TCPA) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, pre-recorded calls, auto-dialed calls, and text messaging. Businesses that

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Appeals Court Clarifies TCPA Fax Law

Blog, Telemarketing Law / David Klein

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, Inc. (“Cephalon”) were transmitted in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA fax decision focuses on: 1) whether the faxes were unsolicited; and 2) even if they

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TRACED Act Contains New TCPA Penalties

Blog, Online Marketing & Advertising Law, Telemarketing Law / David Klein

December 10th, 2019 The US House of Representatives recently passed the “Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act,” or “TRACED Act.” If written into law, the TRACED Act would implement a number of changes to the TCPA landscape, such as the creation of a new Interagency Working Group and new anti-spoofing requirements. Most

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