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, […]
I Received a TCPA Subpoena. Now What? Read More »
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
No TCPA Exception for Job Robocalls Read More »
If you are a telemarketer, you have probably heard plenty of talk about the Telephone Consumer Protection Act (“TCPA”). The TCPA is a consumer protection statute passed in 1991 and designed to protect the public from certain telemarketing tactics. As is often the case, technology has advanced exponentially faster than the TCPA, putting the law
Successfully Navigating TCPA Litigation Read More »
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
The Telemarketer’s Guide to TCPA Consent Read More »
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
Arizona Court Splits with Majority on Autodialer TCPA Violations Read More »
Short Message Service (SMS) text messaging has become a ubiquitous form of communication for people over the last decade. Consequently, marketers and advertisers who are continuously refining their processes to more successfully connect with current and prospective consumers have gravitated to the medium in droves. Oftentimes, however, they do so without regard for the nuanced
SMS Text Messaging and the TCPA Read More »
The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, and text messaging. Businesses that violate TCPA regulations may face lawsuits brought by unhappy consumers. These can get extremely expensive in the case of class actions, which often involve thousands of consumers and multiple violations. To safeguard your
How to Navigate TCPA Liability on Your Website: Clickwrap v. Browsewrap. Read More »
On June 29, 2021, Florida Governor, Ron DeSantis, signed CS/SB 1120 into law (the “Law”). Telemarketing businesses will notice many similarities between the Law and the Federal Telephone Consumer Protection Act (“TCPA”). Most notably is the creation of a private right of action. The Law goes into effect on July 1, 2021. The Law significantly
New Florida TCPA Legislation SIGNED and EFFECTIVE JULY 1!!!! Read More »