tcpa law

TCPA opt-out

FCC Asked to Clarify Scope of TCPA Opt-Out Requests

The Federal Communications Commission (“FCC”) is in the process of evaluating whether to issue a declaratory ruling which would provide clarification on if and how companies are permitted to respond to consumer TCPA opt-out requests.  Such guidance offers the promise of providing much needed certainty to businesses trying to more efficiently manage relationships with their …

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tcpa guidance

Updating TCPA Guidance to Account for Recent Legal Developments

In the last several months, nearly every aspect of the economy has experienced significant upheaval.  The marketing industry has been no exception.  Recent developments have led to substantial changes to what is considered Telephone Consumer Protection Act (“TCPA”) compliance.  As a result, it is important to take stock of certain elemental TCPA guidance tips to …

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TCPA lawsuit

Job Opportunity TCPA Lawsuit Dismissed

On June 30, 2020, Judge John Sinatra of the United States District Court for the Western District of New York (the “Court”), in Gerrard v. Acara Solutions Inc. (18-cv-1041-JLS-LFG), held that certain text messages alerting plaintiff to a potential employment opportunity were not advertisements and, therefore, did not violate the Telephone Consumer Privacy Act (“TCPA”) …

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tcpa checklist

The Complete (Almost) TCPA Checklist for Telemarketers

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 a phone call to respond …

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tcpa litigation

Defending TCPA Litigation

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 TCPA litigation can be substantial.  …

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