Telemarketing

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FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone Solicitation Act (“FTSA”). Our readers likely are familiar with the common defenses available to companies facing FTSA class action claims, such as prior […]

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5 TCPA Compliance Tips

The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses operating without regard for TCPA compliance can incur massive civil penalties. As such, it is important to keep the following TCPA compliance tips

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Defendants Did Not Violate Do Not Call TCPA Rule 

On January 8, 2024, the United States District Court for the Eastern District of Missouri issued a decision involving Telephone Consumer Privacy Act (“TCPA”) internal Do-Not-Call rule (“DNC”) allegations. As our readership is aware, the TCPA is a federal statute designed to protect consumer privacy by restricting the transmission of certain types of telemarketing communications.

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NJ Senate Passes Telemarketing Caller ID Bill

On February 12, 2024, the New Jersey Senate unanimously passed Senate Bill 1237 (“S1237”). S1237 focuses on telemarketing caller ID requirements. Specifically, it amends Section 10 of P.L.2003, c.76 to mandate that “a telemarketer shall not fail to transmit or cause to be transmitted the telephone number and, when made available by the telemarketer’s telephone

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FCC Clarifies AI Call TCPA Legality

On February 8, 2024, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act (“TCPA”) and its implementing rules. The FCC enacted the TCPA over thirty years ago to protect consumers from invasive telemarketing practices. Recognizing the threat that emerging AI technologies

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FCC Chairwoman Proposes AI Telemarketing Restrictions

On January 31, 2024, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel released a statement proposing that the FCC impose blanket restrictions on the use of artificial intelligence (“AI”) in telemarketing. Chairwoman Rosenworcel suggested that the FCC issue a Declaratory Ruling making clear that AI-generated voices are “artificial.” If deemed artificial, AI telemarketing calls, would then

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Not All Telemarketing Calls Are Unsolicited!!

On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this new feature. To participate, businesses must sign up for TruContact Branded Call Display (“TBCD”) through TransUnion. Following sign-up, all

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