Telemarketing Archives - Page 7 of 21

Marketing Partner Lists, The FCC, and Telemarketing’s Future

On February 23, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a telemarketing Report and Order and Further Notice of Proposed Rulemaking (“FNPR”). Most notably, the FCC telemarketing FNPR seeks to: (1) extend the reach of the Do-Not-Call (“DNC”) Registry to specifically include text messages; and (2) restrict the use of marketing partner lists […]

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What is the Florida TCPA?

Blog, Telemarketing Law / David Klein

On July 1, 2021, Florida’s Telephone Solicitation Act (“FTSA”) took effect. Recognizing the prevalence of telemarketing in the state, Florida decided to update its telemarketing laws to regulate intrastate communications in a more restrictive manner than that of the Telephone Consumer Protection Act (“TCPA”). The TCPA is a federal statute designed to protect consumer privacy

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No Liability for Free-Seminar Fax Under the TCPA

Blog, Telemarketing Law / David Klein

On January 19, 2023, the Third Circuit Court of Appeals held that a fax containing information on an upcoming free-seminar was not an unsolicited advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”). As readers of this blog know, this is not the first time that the Third Circuit has issued a ruling on

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A Primer on TCPA Consent Language

Blog, Telemarketing Law / David Klein

More and more businesses are engaging potential customers via telemarketing. With this comes the growing risk of contacting consumers who have not provided proper TCPA consent. The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls and text messages. A business that violates TCPA regulations faces fines of up

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TCPA Lawsuits Continue into 2023

Blog, Telemarketing Law / David Klein

As readers of this blog know, the Telephone Consumer Protection Act (“TCPA”) was originally passed into law in 1991. At the time, cell phones were rare and text messaging did not yet exist. With the widespread use of cell phones and the ability to send text messages, the number of TCPA-related cases exploded. Each year,

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TCPA Text Class Action Against Wolf of Wall Street Dismissed

Blog, Telemarketing Law / David Klein

On December 27, 2022, Judge Aileen Cannon of the Southern District of Florida entered an order dismissing the First Amended Complaint in Stephen Muccio v. Global Motivation, Inc. and Jordan Belfort.This class action complaint alleged that Jordan Belfort a.k.a. “The Wolf of Wall Street,” and his company, Global Motivation, Inc (“GMI”), had sent marketing communications

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California Court Holds That Website Recording is NOT Wiretapping

Blog, Telemarketing Law / David Klein

On December 22, 2022, the United States District Court for the Northern District of California granted the motion to dismiss filed by Defendants, What If Holdings LLC (“What If”) and ActiveProspect Inc. (“ActiveProspect”). Plaintiff, Loretta Williams, alleged in her complaint that while visiting a website owned by What If, TrustedForm (an ActiveProspect website recording software

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9th Circuit Applies Precedent: TCPA Autodialers Must Actually Generate Telephone Numbers

Blog, Telemarketing Law / David Klein

Brickman v. United States On February 12, 2016, Mr. Colin Brickman filed a class action lawsuit against Meta Platforms, Inc. (“Meta”), alleging that Meta violated the TCPA “autodialer” provision by sending unsolicited “Birthday Announcement” text messages. Brickman alleged that the subject texts violated the TCPA by using a random or sequential number generator to store

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