Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer Protection Act (“TCPA”) complaint for failure to state a claim. Plaintiff sued HIA for allegedly calling her twice without consent. In her […]
Carefully Examine those TCPA Complaints! Read More »
The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses operating without regard for TCPA compliance can incur massive civil penalties. As such, it is important to keep the following TCPA compliance tips
5 TCPA Compliance Tips Read More »
On January 8, 2024, the United States District Court for the Eastern District of Missouri issued a decision involving Telephone Consumer Privacy Act (“TCPA”) internal Do-Not-Call rule (“DNC”) allegations. As our readership is aware, the TCPA is a federal statute designed to protect consumer privacy by restricting the transmission of certain types of telemarketing communications.
Defendants Did Not Violate Do Not Call TCPA Rule Read More »
As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory action and litigation risk. With this renewed reliance on email marketing, now is a good time for a refresher course on compliance with the
Email Marketing Is Back! Read More »
On February 12, 2024, the New Jersey Senate unanimously passed Senate Bill 1237 (“S1237”). S1237 focuses on telemarketing caller ID requirements. Specifically, it amends Section 10 of P.L.2003, c.76 to mandate that “a telemarketer shall not fail to transmit or cause to be transmitted the telephone number and, when made available by the telemarketer’s telephone
NJ Senate Passes Telemarketing Caller ID Bill Read More »
Companies often hire lead generation companies to find consumers who may be interested in their product and service offerings. Buyers of these leads typically enter into contracts requiring that all leads come from consumers who have consented to be called/texted in compliance with the Telephone Consumer Protection Act (“TCPA”). Python Leads, LLC (“Python”) is a
TCPA Lead Generators Beware! Read More »
On February 8, 2024, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act (“TCPA”) and its implementing rules. The FCC enacted the TCPA over thirty years ago to protect consumers from invasive telemarketing practices. Recognizing the threat that emerging AI technologies
FCC Clarifies AI Call TCPA Legality Read More »
On January 31, 2024, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel released a statement proposing that the FCC impose blanket restrictions on the use of artificial intelligence (“AI”) in telemarketing. Chairwoman Rosenworcel suggested that the FCC issue a Declaratory Ruling making clear that AI-generated voices are “artificial.” If deemed artificial, AI telemarketing calls, would then
FCC Chairwoman Proposes AI Telemarketing Restrictions Read More »
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