On April 28, 2022, the Federal Trade Commission (“FTC”) unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and an Advanced Notice of Proposed Rulemaking (“ANPRM”) that would amend the Telemarketing Sales Rule (“TSR”). The FTC believes these changes are necessary to protect consumers from deceptive and abusive telemarketing practices. Please note that any business that […]
TSR Changes: What You Need to Know Read More »
Just one year ago, the U.S. Supreme Court forever changed the telemarketing world with its opinion in Facebook, Inc. v. Duguid. In Facebook, the Court settled a years-long disagreement and clarified how narrow the Telephone Consumer Protection Act’s (“TCPA”) autodialer restriction really is. The restriction only applies when dialing equipment produces the phone numbers to
Eighth Circuit Confirms Narrow TCPA Autodialer Definition Read More »
While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise is not a risk-free proposition. The Telephone Consumer Protection Act (“TCPA”) restricts the ability to send marketing faxes, in part, by requiring prior consent from the recipient. What happens if
TCPA Fax Exception: Saving Your Business From Liability Read More »
The Telephone Consumer Protection Act (“TCPA”) restricts contacting consumers whose phone numbers are on the National Do Not Call Registry unless the telemarketer has obtained the consumer’s prior express consent. As the recent decision in a case captioned Johansen v. EFinancial, LLC explained, the Do Not Call restriction is broad but contains one notable exception,
TCPA Safe Harbor Exception Saves Telemarketer Big Money Read More »
The Telephone Consumer Protection Act (“TCPA”) restricts the sending of certain fax advertisements to non-consenting consumers and businesses. Recently, the New York-based Second Circuit Court of Appeals held that a market research fax is not a TCPA advertisement. The Court found that even the inclusion of an honorarium for participating does not change the character
Second Circuit Holds Market Research Fax Not a TCPA Advertisement Read More »
Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted advertising calls. Today, telemarketing has shifted its focus from phone calls to text messages. The Federal Communications Commission (“FCC”) has determined that a text message and a
The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up Read More »
In the early ‘90s, Congress passed the Telephone Consumer Protection Act (“TCPA”) to restrict certain telemarketing activities. The TCPA’s essential purpose is to protect consumers from uninvited telemarketing. Over the last 30 years, what constitutes TCPA law has become a patchwork of statutes, regulations, and judicial decisions, largely the result of regulators and courts trying
TCPA Law: Why You Need a Telemarketing Attorney More Than Ever Read More »
Fax marketing offers a valuable channel of advertising for telemarketers. While fax machines are not as ubiquitous as they once were, telemarketers can still take advantage of the benefits of marketing via traditional fax machines. However, the Telephone Consumer Protection Act (“TCPA”) restricts fax marketing and can lead to penalties of $500-1500 per violation. With
Fax Marketing and the TCPA Read More »