Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Robocall Update: New Call Authentication Order and Obligations, Explained
On September 19, U.S. SDNY issued a TCPA consent-related decision granting a vehicle dealer’s motion for summary judgment in part and denying it in part. The plaintiffs alleged the vehicle dealer violated the automatic...more
On September 19, USTelecom — The Broadband Association (USTelecom), a major telecommunications trade organization, sent a letter to the Federal Communications Commission (FCC) expressing its concerns about the proposed...more
The Federal Communications Commission (FCC or Commission) has announced comment deadlines for a Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) released in early August that, among other things, proposes...more
The Federal Communications Commission (FCC) has released a new notice of proposed rulemaking that would impose new requirements for autodialed marketing calls and texts that use artificial intelligence (AI) to generate...more
Cases of Note - FCC Proposes New Rule to Regulate AI-Generated Content in Calls and Texts - On August 7, 2024, the FCC adopted a Notice of Proposed Rulemaking (NPRM) that seeks to implement new rules regarding...more
On Aug. 7, the Federal Communications Commission (FCC) voted to propose new rules to require callers to disclose if they are using artificial intelligence (AI) in robocalls and robotexts. If adopted, the new rules would set...more
The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more
Continuing its focus on the use of artificial intelligence (AI) in robocalls, the Federal Communications Commission (FCC) sent letters to nine telecommunications companies asking about the efforts they are taking to prevent...more
A California federal court recently granted a defendant’s motion to dismiss the Telephone Consumer Protection Act (TCPA) claim brought by a plaintiff alleging that she received a trio of unwanted phone calls, finding that she...more
A Telephone Consumer Protection Act (TCPA) plaintiff who was neither a subscriber of the telephone number nor a customary user of the number failed to state a claim under the statute, a New York federal court has ruled....more
On July 16, the FCC proposed new consumer protections against AI-generated robocalls and planned to vote on these proposals at the August Open Meeting. If approved by the Commission during the meeting, these rules would...more
Chairwoman Rosenworcel announced at the FCC’s July 16 open meeting that the Commission is considering adoption of a Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposals to regulate AI-generated robocalls. The...more
With the use of artificial intelligence (“AI”) becoming more widespread across almost all aspects of life, the FCC has taken several steps to regulate its use in the telemarketing space. As our readers are aware, earlier this...more
The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more
As we approach the 2024 halfway mark, businesses that rely on texting and calling to promote their products and services face an onslaught of new and significant legal and regulatory developments. To help with tracking these...more
An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more
On June 6, the U.S. District Court for the District of Maryland held that the prerecorded telemarking calls placed by a health insurance provider and its affiliated marketing company required prior written consent from...more
On May 20, the FCC released a notification of suspected illegal traffic against a voice service provider (VSP) for allegedly originating illegal robocall traffic. According to the FCC, it appeared that the VSP claimed to...more
On May 13, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded a proposed TCPA class action settlement agreement. The class, consolidated from three class actions, accused the defendant, the “world’s...more
On May 13, the Federal Communications Commission’s (FCC or Commission) Enforcement Bureau (Bureau) classified for the first time a group of entities and individuals – dubbed “Royal Tiger” – as a Consumer Communications...more
In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more
In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more
On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more
Cases of Note - Kansas Court Holds that TCPA Does Not Allow Contribution Claims - The United States District Court for the District of Kansas dismissed a defendant’s third-party negligence claim that attempted to seek...more
On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more