tcpa law

telemarketing

First Circuit Vacates Massive TCPA Class Action Settlement Due to Conflict

Blog, Telemarketing Law /

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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Trend Continues – More State TCPA Laws Introduced

Blog, Telemarketing Law /

In the wake of the United States Supreme Court’s decision in Facebook, Inc. v. Duguid, several states began enacting their own “mini” Telephone Consumer Protection Act (“TCPA”) statutes. To date, those states include Florida, Oklahoma, and Washington, with states such as Georgia, Massachusetts, and Michigan close behind.  On June 29, 2021, Florida signed CS/SB 1120

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tcpa consent

Is New York Telemarketing Dead?

Blog, Telemarketing Law /

No, New York telemarketing is not dead, but it is certainly heading down a winding and treacherous path. While this may sound unnerving, it is merely an observation based on recent statutory amendments to the law governing telemarketing sales efforts in New York State. Of particular import is new legislation that amends the State’s General Business Law, Section 399-z, the law that established the “No Telemarketing Sales Calls Statewide Registry.” Governor Kathy Hochul recently signed this legislation into law, further restricting the manner in which telemarketing sales calls

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ringless voicemail consent

Ringless Voicemails Require TCPA Consent

Blog, Telemarketing Law /

On November 21, 2022, the Federal Communications Commission (the “FCC” or “Commission”) issued a declaratory ruling and order finding that “ringless voicemails” are subject to the Telephone Consumer Protection Act (“TCPA”) and, therefore, require prior express consent from wireless recipients. This ruling should end the long-standing debate over whether consent is required to deliver ringless

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TCPA footnote 7

Duguid v. Facebook, Footnote 7: TCPA Landscape Significantly Altered by Ninth Circuit Decision

Blog, Telemarketing Law /

It has been about one year and eight months since the United States Supreme Court released its landmark decision in Facebook v. Duguid. Since then, numerous courts have incorporated Facebook into their opinions, with variations in their interpretations. For many plaintiffs filing suit under the TCPA, Footnote 7 of the Facebook decision has provided them

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Michigan Telemarketing

New Bill Could Significantly Impact Michigan Telemarketing

Blog, Telemarketing Law /

On June 30, 2022, Michigan State Representative Mari Manoogian introduced House Bill 6307. Prefaced as “[a] bill to prescribe the rights and duties of parties to telephone solicitation sales,” the proposed law is Michigan’s first step in becoming another state jurisdiction to pass its own telemarketing regulations. The TCPA, or Telephone Consumer Protection Act, is

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