Telemarketing

Recent TCPA Case Is a Cautionary Tale for Telemarketers

The Telephone Consumer Protection Act (TCPA), which allows individuals to file lawsuits and collect damages for receiving certain unsolicited commercial text messages, faxes, pre-recorded calls or autodialed calls, has made headlines again.  The Federal Court for the Western District of Wisconsin recently ruled that a defendant may be held liable for violating the TCPA, even […]

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consumer consent tcpa

How to Obtain Consumer Consent under the TCPA

If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants.   In this post, we address the consent requirements for robocalls and

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New FTC Telemarketing Rules Coming Soon?

If you regularly follow this blog, you are aware that the Federal Trade Commission (FTC) has been cracking down on telemarketers and service providers who have allegedly violated the Telemarketing Sales Rule (TSR), sometimes securing multi-million dollar judgments against the defendants.   This morning, the FTC issued proposed changes to the TSR, which may significantly impact

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FCC Issues New TCPA Ruling on Telemarketing Liability

TCPA Declaratory Ruling In a Declaratory Ruling issued on May 9, 2013, the Federal Communications Commission (“FCC”) sought to clarify the extent to which the advertisers of commercial products and services (referred to as “sellers”) can be held liable for violations of the Telephone Consumer Protection Act (“TCPA”) by the third-party telemarketers that place telemarketing

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FTC Secures Huge Telemarketing Judgment

The U.S. District Court for the Eastern District of Pennsylvania recently entered a judgment against a telemarketing corporation, NHS Systems, Inc., and five principals, for violating the Federal Trade Commission (FTC) Act and associated enforcement regulations, laid out in the FTC’s Telemarketing Sales Rule (TSR).   The defendants were accused of operating a telemarketing campaign, in

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