TCPA

FTSA Litigation: Have You Been Sued Under Florida Telephone Solicitation Act- Klein Moynihan Turco LLP

FTSA Litigation: Have You Been Sued Under the Florida Telephone Solicitation Act?

Blog, Telemarketing Law /

On July 1, 2021, Florida’s version of the Telephone Consumer Protection Act (“TCPA”), the Florida Telephone Solicitation Act (“FTSA” or the “Act”), went into effect. Sometimes dubbed the Florida “Mini-TCPA,” the Act implements important changes to Florida’s telemarketing laws that mark out vital distinctions from its federal TCPA counterpart. While FTSA litigation under the revised […]

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TCPA Subpoena- Klein Moynihan Turco LLP

I Received a TCPA Subpoena. Now What?

Blog, Telemarketing Law /

The telemarketing industry of the 21st century has many players –advertisers, call centers, and lead generators. Records for each part of a given marketing lifecycle could exist with four separate companies. So, when plaintiffs file lawsuits against telemarketers alleging violations of the Telephone Consumer Protection Act (“TCPA”), it is common for someone else to have,

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No Job Robocalls Under the TCPA- Klein Moynihan Turco LLP

No TCPA Exception for Job Robocalls

Blog, Telemarketing Law /

The Telephone Consumer Protection Act (“TCPA”) prohibits the use of an autodialer or prerecorded voice when placing certain calls to consumers’ cellphones without their prior express consent. Recently, the Ninth Circuit clarified that the TCPA prohibits companies from placing all such non-emergency calls to consumers’ cellphones, without prior express consent, and not just those placed

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tcpa consent

The Telemarketer’s Guide to TCPA Consent

Blog, Telemarketing Law /

Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) face the growing risk of contacting consumers without proper TCPA consent. The Telephone Consumer Protection Act (TCPA) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, pre-recorded calls, auto-dialed calls, and text messaging. Businesses that

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Arizona Court Splits with Majority on Autodialer TCPA Violations- Klein Moynihan Turco LLP

Arizona Court Splits with Majority on Autodialer TCPA Violations

Blog, Telemarketing Law /

          The law rarely moves in a uniform direction. This is especially true when it comes to the Telephone Consumer Protection Act (“TCPA”). Several recent decisions interpreting the TCPA’s autodialer prohibition have come to the same conclusion: equipment is only an autodialer if it uses a random or sequential number generator to produce the number

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