The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses operating without regard for TCPA compliance can incur massive civil penalties. As such, it is important to keep the following TCPA compliance tips […]
5 TCPA Compliance Tips Read More »
On January 8, 2024, the United States District Court for the Eastern District of Missouri issued a decision involving Telephone Consumer Privacy Act (“TCPA”) internal Do-Not-Call rule (“DNC”) allegations. As our readership is aware, the TCPA is a federal statute designed to protect consumer privacy by restricting the transmission of certain types of telemarketing communications.
Defendants Did Not Violate Do Not Call TCPA Rule Read More »
On February 8, 2024, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act (“TCPA”) and its implementing rules. The FCC enacted the TCPA over thirty years ago to protect consumers from invasive telemarketing practices. Recognizing the threat that emerging AI technologies
FCC Clarifies AI Call TCPA Legality Read More »
On November 15, 2023, the Federal Communications Commission (“FCC”) issued a Notice of Inquiry (“NOI”) seeking comment concerning the impact that emerging artificial intelligence (“AI”) technologies may have on the telemarketing industry. The FCC regularly issues rulemakings on issues that they deem pressing. One of the areas of new concern is the legality of AI-assisted
26 Attorneys General Ask for AI Telemarketing Restrictions Read More »
As readers of this blog will recall, numerous federal agencies announced a crackdown on the marketing industry, specifically with respect to Telephone Consumer Protection Act (“TCPA”) compliance, in July of this year. On November 1, 2023, the Office of the Comptroller of the Currency (“OCC”) became the latest agency to join in the campaign by
OCC TCPA Compliance Procedures Updated Read More »
The United States Supreme Court (“SCOTUS”) has been asked to revisit its landmark TCPA autodialer ruling from 2021. Following a victory by Reward Zone USA, LLC at the Ninth Circuit Court of Appeals, Lucine Trim recently filed a petition for a writ of certiorari arguing that courts have been misinterpreting and misapplying the SCOTUS-refined ATDS
TCPA Autodialer Definition to be Expanded by SCOTUS? Read More »
On October 25, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in True Health Chiropractic, Inc. v. McKesson Corp., finding that the lower court: 1) had correctly determined that Defendants violated the TCPA’s junk fax prohibition; 2) had properly decertified the proposed class; and 3) did not abuse its
Class Decertification Upheld in Appeal of TCPA Fax Lawsuit Read More »
On October 24, 2023, the Subcommittee on Communications, Media and Broadband, held a hearing titled “Protecting Americans from Robocalls.” The Senators from the Subcommittee questioned business representatives and consumers alike concerning the impact of receiving unwanted telemarketing calls. It was made clear at the hearing that the Federal Communications Commission (“FCC”) and the Department of
AI and TCPA Litigation Read More »
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