tcpa law

prerecorded call

Prerecorded Calls Do Not Entitle Plaintiffs to Treble Damages or Injunctive Relief

On October 11, 2023, the United States District Court for the Western District of Washington issued a noteworthy decision discussing prerecorded calls in the context of treble damages and injunctive relief. In Blair v. Assurance IQ, LLC, the Court denied Defendant’s Motion to Dismiss, in part, finding that Plaintiff had sufficiently plead Defendant’s delivery of […]

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Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing

REMINDER: Connecticut’s New Telemarketing Law Takes Effect OCTOBER 1ST, 2023!

As readers of this blog will recall, Connecticut Governor, Ned Lamont, signed SB1058 into law on June 26, 2023, which both added to, and amended, Connecticut’s telemarketing law. Most notably, beginning on October 1, 2023, Connecticut now allows for up to $20,000 per violation of its strict telemarketing regulations.   Key Points to Remember About

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New York telemarketing

Crackdown on New York Telemarketing Continues 

Based on recent statutory amendments to New York State’s telemarketing laws, the State is further restricting telemarketing activities in its jurisdiction. Back in March 2022, legislation was signed into law by Governor Kathy Hochul that amended the State’s General Business Law, Section 399-z, the law that established The “No Telemarketing Sales Calls Statewide Registry.” As readers of our blog know, marketing companies’ practices must

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tcpa consent

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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TCPA standing

ELEVENTH CIRCUIT: A SINGLE TEXT MESSAGE CONFERS TCPA STANDING

On July 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued an en banc decision in Drazen v. Pinto, holding that receipt of a single unsolicited text message confers Telephone Consumer Protection Act (“TCPA”) standing. As readers of this blog know, the Court agreed to rehear this issue back in March.  As

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ai telemarketing

AI Telemarketing Robot Fights Telemarketing Calls

With each day that passes, artificial intelligence continues to find new ways to enter everyday life. The latest comes in the form of artificial intelligence (“AI”) that targets telemarketing. A man from California created an AI-powered chatbot (named Jolly Roger), with the sole purpose of tricking telemarketers into thinking that they are speaking with a

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FTC telemarketing

FTC Telemarketing Crackdown Sends Major Warning to Industry

On July 18, 2023 the Federal Trade Commission (“FTC” or the “Commission”) announced that it has been working with more than 100 federal and state law enforcement partners to crack down on widespread deceptive telemarketing practices. The joint initiative, known as “Operation Stop Spam Calls,” has already resulted in lawsuits against companies that place prerecorded

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tcpa consent

28 Attorneys General Ask for Major TCPA Consent Changes

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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