TCPA liability

TCPA Liability: Clickwrap v. Browsewrap

How to Navigate TCPA Liability on Your Website: Clickwrap v. Browsewrap.

The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, and text messaging. Businesses that violate TCPA regulations may face lawsuits brought by unhappy consumers. These can get extremely expensive in the case of class actions, which often involve thousands of consumers and multiple violations. To safeguard your […]

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tcpa fax

FCC Clarifies Scope of TCPA Fax Liability

The Federal Communications Commission (“FCC”) recently issued a declaratory ruling providing clarity on the scope of liability for fax advertisers under the Telephone Consumer Protection Act (“TCPA”).  The FCC’s TCPA fax ruling responds to broad concerns that advertisers unjustly assume the liability for fax broadcasters that exceed the parameters of the terms of their marketing agreements.  The

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Personal TCPA Liability for Corporate Officers

November 6, 2019 Since passage of the Telephone Consumer Protection Act (“TCPA”), courts and businesses have grappled with whether – and to what extent – TCPA liability extends to corporate officers.  While the corporate veil often protects corporate officers from personal liability in other contexts, the wording of the TCPA (“It shall be unlawful for

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Court Curtails Expansive Fax-Related TCPA Liability

August 22, 2017 A federal court in Michigan recently rejected a plaintiff’s plea to expand the scope of Telephone Consumer Protection Act (“TCPA”) liability in a fax advertisement class action case.  This should come as welcome news to those operating in this space, particularly product manufacturers, as the court put a needed stop to recent

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