Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the importance of carefully analyzing whether the complaint actually asserts that TCPA vicarious liability can be plausibly inferred from the allegations. Below, we […]
TCPA Vicarious Liability Read More »
With AI-generated content becoming more widespread daily, the Federal Communications Commission (“FCC” or “Commission”) has solicited comments from the general public and companies alike in connection with a recent Notice of Proposed Rulemaking (“NPRM”). In its NPRM, the FCC seeks comment regarding, among other things, the definition of AI-generated calls. The Commission’s proposed definition of
What Is An AI-Generated Call? Read More »
April 4, 2025 by Kara Thompson 3rd Circuit Review of Daniel’s Law May Force Legislatures to Rethink It, Privacy Lawyers Say The 3rd U.S. Circuit Court of Appeals has taken up a challenge to New Jersey’s Daniel’s Law, which plaintiffs say is a violation of the First Amendment. The 3rd Circuit’s review of such a
An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge was tasked with determining whether Plaintiff’s wiretap claim could withstand a Motion for Summary Judgment. Below, we discuss the case and the Court’s
Pennsylvania Wiretap Claim Dismissed Read More »
Mobile carriers continue to require TCR registration for telephone numbers that are routed through a virtual phone service provider (“service provider”). Most, if not all, service providers have created separate divisions to oversee the review of client telecommunications campaigns. Only after approval by its service provider, will a company’s 10-digit long codes (“10 DLC”) be
Reasons for TCR Registration Denial Read More »
The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the FCC’s TCPA Consent Rule appeared dead in the water. Now, however, the National Consumer Law Center (“NCLC”) (joined by numerous State Attorneys General),
Is TCPA Consent Rule Really Dead?! Maybe Not, Say 28 States Read More »
In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation rule remains intact and is effective April 11, 2025. Below, we discuss the FCC’s TCPA consent revocation rule in further detail. New
FCC’s TCPA Consent Revocation Rule Effective April 11, 2025! Read More »
Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s renewed reliance on email marketing, there is a corresponding increase in lawsuits alleging violations of California’s email marketing statute. Below, we discuss
Email Marketing Compliance Read More »
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