As readers of our blog know, the Florida Telephone Solicitation Act (“FTSA”) (Florida’s state law version of the Telephone Consumer Protection Act (“TCPA”)) was amended in May 2023. While the FTSA amendments narrowed the FTSA’s scope and clarified some ambiguities, two recent Florida decisions discuss the applicability of the FTSA amendments, and serve to limit […]
Recent FTSA Amendment Court Decisions Are Wins For Business Read More »
On January 22, 2024, the United States Court of Appeals for the Fourth Circuit issued its decision in the Career Counseling Inc. v. Amerifactors Financial Group LLC. fax litigation proceeding. The underlying litigation stems from an unwanted commercial facsimile transmission that Career Counseling alleged was sent by Amerifactors, in violation of the Telephone Consumer Protection
Class Certification Denied in TCPA Fax Litigation Read More »
On November 15, 2023, the Federal Communications Commission (“FCC”) issued a Notice of Inquiry (“NOI”) seeking comment concerning the impact that emerging artificial intelligence (“AI”) technologies may have on the telemarketing industry. The FCC regularly issues rulemakings on issues that they deem pressing. One of the areas of new concern is the legality of AI-assisted
26 Attorneys General Ask for AI Telemarketing Restrictions Read More »
On January 2, 2024, Response Tree LLC and its president, Derek Thomas Doherty (collectively “Response Tree”), settled claims that they had violated Federal Trade Commission (“FTC”) consent regulations by, among other things, illegally generating telemarketing leads. Entered on the same day, the Central District of California Complaint, filed by the United States Department of Justice
FTC Telemarketing Consent Farming Crackdown Continues Read More »
On December 13, 2023, the Federal Communications Commission (“FCC”) voted 4-1 to revise consent rules governing the receipt of telemarketing communications under the Telephone Consumer Protection Act (“TCPA”). With an overarching goal of closing what it terms “the lead generator loophole,” the FCC’s consent rules will now require that websites and lead generators obtain a
Newly Adopted FCC TCPA Consent Rules Set to Change the Telemarketing Industry Read More »
Companies frequently find themselves embroiled in litigation for unsolicited telemarketing calls or text messages sent to consumers. One such company is Rocket Mortgage, LLC (“Rocket”), which again finds itself sued for calls and texts allegedly sent in violation of the Telephone Consumer Protection Act (“TCPA”). About a month ago, Rocket was sued for making 27
National Mortgage Company Again Under Fire For Alleged Do Not Call Violations Read More »
On November 15, 2023, the Federal Communications Commission (“FCC”) voted in favor of undertaking a formal inquiry to evaluate the impact that artificial intelligence (“AI”) technology will have on Telephone Consumer Protection Act (“TCPA”) litigation and illegal robocalls. As readers of this blog know, the word “robocall” does not have a universally accepted definition, with
The Impact of AI on TCPA Litigation Read More »
As readers of this blog will recall, numerous federal agencies announced a crackdown on the marketing industry, specifically with respect to Telephone Consumer Protection Act (“TCPA”) compliance, in July of this year. On November 1, 2023, the Office of the Comptroller of the Currency (“OCC”) became the latest agency to join in the campaign by
OCC TCPA Compliance Procedures Updated Read More »
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