tcpa law

Marketing Partner Lists, The FCC, and Telemarketing’s Future

On February 23, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a telemarketing Report and Order and Further Notice of Proposed Rulemaking (“FNPR”). Most notably, the FCC telemarketing FNPR seeks to: (1) extend the reach of the Do-Not-Call (“DNC”) Registry to specifically include text messages; and (2) restrict the use of marketing partner lists […]

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florida tcpa

What is the Florida TCPA?

On July 1, 2021, Florida’s Telephone Solicitation Act (“FTSA”) took effect. Recognizing the prevalence of telemarketing in the state, Florida decided to update its telemarketing laws to regulate intrastate communications in a more restrictive manner than that of the Telephone Consumer Protection Act (“TCPA”). The TCPA is a federal statute designed to protect consumer privacy

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clear and conspicuous

A Primer on TCPA Consent Language

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 text

TCPA Text Class Action Against Wolf of Wall Street Dismissed

On December 27, 2022, Judge Aileen Cannon of the Southern District of Florida entered an order dismissing the First Amended Complaint in Stephen Muccio v. Global Motivation, Inc. and Jordan Belfort.This class action complaint alleged that Jordan Belfort a.k.a. “The Wolf of Wall Street,” and his company, Global Motivation, Inc (“GMI”), had sent marketing communications

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autodialer

9th Circuit Applies Precedent: TCPA Autodialers Must Actually Generate Telephone Numbers

Brickman v. United States On February 12, 2016, Mr. Colin Brickman filed a class action lawsuit against Meta Platforms, Inc. (“Meta”), alleging that Meta violated the TCPA “autodialer” provision by sending unsolicited “Birthday Announcement” text messages.  Brickman alleged that the subject texts violated the TCPA by using a random or sequential number generator to store

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telemarketing

First Circuit Vacates Massive TCPA Class Action Settlement Due to Conflict

The First Circuit Court of Appeals recently issued a stunning opinion, vacating a $14 million Telephone Consumer Protection Act (“TCPA”) class action settlement. In Murray v. Grocery Delivery E-Services USA Inc, the Court decided that a potential conflict existed in class counsel’s representation of different class members. Two well-established procedural requirements of class certification are

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