TCPA Archives - Page 4 of 45 - Klein Moynihan Turco

Senators Request Updated Guidance from FCC on TCPA Consent

On August 7, 2023, twelve United States senators penned a letter to the Federal Communications Commission (“FCC” or the “Commission”) requesting that the Commission issue guidance on current Telephone Consumer Privacy Act (“TCPA”) consent regulations (the “Letter”). As our readers are aware, the FCC has already promulgated comprehensive telemarketing rules. However, the senators argue that […]

Senators Request Updated Guidance from FCC on TCPA Consent Read More »

Text Messages are NOT Prerecorded Voice Messages

Blog, Telemarketing Law / David Klein

On August 8, 2023, the Ninth Circuit Court of Appeals issued a major win for both Telephone Consumer Protection Act (“TCPA”) defendants and the industry at large. In Trim v. Reward Zone USA LLC, the Plaintiff set forth the novel argument that the text messages she received violated the prerecorded voice restrictions contained in the TCPA. TCPA plaintiffs have demonstrated increased creativity in their TCPA cases following the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. Readers will recall that in Facebook, the Supreme

Text Messages are NOT Prerecorded Voice Messages Read More »

ELEVENTH CIRCUIT: A SINGLE TEXT MESSAGE CONFERS TCPA STANDING

Blog, Telemarketing Law / David Klein

On July 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued an en banc decision in Drazen v. Pinto, holding that receipt of a single unsolicited text message confers Telephone Consumer Protection Act (“TCPA”) standing. As readers of this blog know, the Court agreed to rehear this issue back in March. As

ELEVENTH CIRCUIT: A SINGLE TEXT MESSAGE CONFERS TCPA STANDING Read More »

AI Telemarketing Robot Fights Telemarketing Calls

Blog, Telemarketing Law / David Klein

With each day that passes, artificial intelligence continues to find new ways to enter everyday life. The latest comes in the form of artificial intelligence (“AI”) that targets telemarketing. A man from California created an AI-powered chatbot (named Jolly Roger), with the sole purpose of tricking telemarketers into thinking that they are speaking with a

AI Telemarketing Robot Fights Telemarketing Calls Read More »

FTC Telemarketing Crackdown Sends Major Warning to Industry

Blog, Telemarketing Law / David Klein

On July 18, 2023 the Federal Trade Commission (“FTC” or the “Commission”) announced that it has been working with more than 100 federal and state law enforcement partners to crack down on widespread deceptive telemarketing practices. The joint initiative, known as “Operation Stop Spam Calls,” has already resulted in lawsuits against companies that place prerecorded

FTC Telemarketing Crackdown Sends Major Warning to Industry Read More »

Revised Connecticut Telemarketing Law Signed Into Law

Blog, Telemarketing Law / David Klein

On June 26, 2023, Connecticut Governor Ned Lamont signed SB1058 into law, which both amends and adds to Connecticut’s telemarketing law. The amendments go into effect on October 1, 2023. As discussed below, there are several significant revisions to Connecticut’s telemarketing law. Unlike the Telephone Consumer Protection Act (“TCPA”) and many of its state level

Revised Connecticut Telemarketing Law Signed Into Law Read More »

28 Attorneys General Ask for Major TCPA Consent Changes

Blog, Telemarketing Law / David Klein

On March 16, 2023, the Federal Communications Commission (“FCC”) issued a Report and Order and Further Notice of Proposed Rulemaking (“FNPR”) addressing a variety of issues under the Telephone Consumer Protection Act (“TCPA”). As our readership is aware, the TCPA is a federal statute designed to protect consumer privacy by restricting certain types of telemarketing

28 Attorneys General Ask for Major TCPA Consent Changes Read More »

Third Circuit Decision Broadens TCPA Autodialer Definition? - Klein Moynihan Turco LLP

FCC: TCPA OPT-OUT REQUESTS TO BE HONORED WITHIN 24 HOURS!

Blog, Telemarketing Law / David Klein

On May 18, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking (“NPRM”). Among other things, the NPRM proposes that companies honor certain unsubscribe or TCPA opt-out requests within 24 hours of receipt. To be discussed in a future blog, the NPRM also proposes to codify the Commission’s prior ruling that a one-time text

FCC: TCPA OPT-OUT REQUESTS TO BE HONORED WITHIN 24 HOURS! Read More »