As readers of our blog know, the Florida Telephone Solicitation Act (“FTSA”) (Florida’s state law version of the Telephone Consumer Protection Act (“TCPA”)) was amended in May 2023. While the FTSA amendments narrowed the FTSA’s scope and clarified some ambiguities, two recent Florida decisions discuss the applicability of the FTSA amendments, and serve to limit […]
Recent FTSA Amendment Court Decisions Are Wins For Business Read More »
On November 15, 2023, the Federal Communications Commission (“FCC”) issued a Notice of Inquiry (“NOI”) seeking comment concerning the impact that emerging artificial intelligence (“AI”) technologies may have on the telemarketing industry. The FCC regularly issues rulemakings on issues that they deem pressing. One of the areas of new concern is the legality of AI-assisted
26 Attorneys General Ask for AI Telemarketing Restrictions Read More »
On January 2, 2024, Response Tree LLC and its president, Derek Thomas Doherty (collectively “Response Tree”), settled claims that they had violated Federal Trade Commission (“FTC”) consent regulations by, among other things, illegally generating telemarketing leads. Entered on the same day, the Central District of California Complaint, filed by the United States Department of Justice
FTC Telemarketing Consent Farming Crackdown Continues Read More »
On December 13, 2023, the Federal Communications Commission (“FCC”) voted 4-1 to revise consent rules governing the receipt of telemarketing communications under the Telephone Consumer Protection Act (“TCPA”). With an overarching goal of closing what it terms “the lead generator loophole,” the FCC’s consent rules will now require that websites and lead generators obtain a
Newly Adopted FCC TCPA Consent Rules Set to Change the Telemarketing Industry Read More »
Companies frequently find themselves embroiled in litigation for unsolicited telemarketing calls or text messages sent to consumers. One such company is Rocket Mortgage, LLC (“Rocket”), which again finds itself sued for calls and texts allegedly sent in violation of the Telephone Consumer Protection Act (“TCPA”). About a month ago, Rocket was sued for making 27
National Mortgage Company Again Under Fire For Alleged Do Not Call Violations Read More »
As readers of this blog will recall, numerous federal agencies announced a crackdown on the marketing industry, specifically with respect to Telephone Consumer Protection Act (“TCPA”) compliance, in July of this year. On November 1, 2023, the Office of the Comptroller of the Currency (“OCC”) became the latest agency to join in the campaign by
OCC TCPA Compliance Procedures Updated Read More »
The United States Supreme Court (“SCOTUS”) has been asked to revisit its landmark TCPA autodialer ruling from 2021. Following a victory by Reward Zone USA, LLC at the Ninth Circuit Court of Appeals, Lucine Trim recently filed a petition for a writ of certiorari arguing that courts have been misinterpreting and misapplying the SCOTUS-refined ATDS
TCPA Autodialer Definition to be Expanded by SCOTUS? Read More »
On October 25, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in True Health Chiropractic, Inc. v. McKesson Corp., finding that the lower court: 1) had correctly determined that Defendants violated the TCPA’s junk fax prohibition; 2) had properly decertified the proposed class; and 3) did not abuse its
Class Decertification Upheld in Appeal of TCPA Fax Lawsuit Read More »
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