TCPA

TCPA ATDS

SCOTUS Hears Argument to Settle TCPA ATDS Definition

The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid.  The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition.  For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer Protection Act (“TCPA”) has been …

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tcpa

Consent To Call? Internet Leads and the Telephone Consumer Protection Act

On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones. …

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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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Cunningham TCPA

Missed Call Leads to Craig Cunningham TCPA Victory

Those operating in the telemarketing space likely know of Craig Cunningham, a prolific filer of Telephone Consumer Protection Act (“TCPA”) lawsuits.  The sheer number of Cunningham TCPA cases brought in recent years has inevitably led to decisions that make law, some good and some bad insofar as the industry is concerned.  Recently, he prevailed in …

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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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robocall

TCPA Restrictions on Robocalls Expanded by SCOTUS

Last week, the United States Supreme Court (“SCOTUS”) issued a ruling examining the Telephone Consumer Protection Act (“TCPA”) exception for robocalls made to collect government debt.  The far-reaching effect of the ruling will be to expand the law’s restrictions on robocalls. What are the implications of the SCOTUS ruling on robocalls?