News & Analysis as of

Prior Express Consent Telecommunications Advertising

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Carlton Fields

Supreme Court to Settle Circuit Split on TCPA Autodialer Prohibitions

Carlton Fields on

In our April issue, we covered the beginnings of a circuit split over the extent to which the Telephone Consumer Protection Act (TCPA) prohibits advertisers and other advertising campaigns from using automated dialing...more

Faegre Drinker Biddle & Reath LLP

A Busy Week for Fax Advertisements in the Supreme Court

Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply Pro Sorbents, LLC v. RingCentral, Inc., No. 18-1381, 2019 WL 1959304 (U.S....more

Ballard Spahr LLP

Ninth Circuit decision on TCPA autodialer definition settles: what does it mean?

Ballard Spahr LLP on

In September 2018, in Marks v. San Diego Crunch, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an automatic dialing system (ATDS) includes telephone equipment that can automatically dial phone...more

Mintz

TCPA Regulatory Update – FCC Seeks Comment on the Meaning of “Telemarketing” and “Dual Purpose” Under the TCPA

Mintz on

Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding....more

Robinson+Cole Data Privacy + Security Insider

Caribou Coffee faces TCPA class action for unwanted text messages

Caribou Coffee Co. Inc. (Caribou Cofee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to...more

Stinson LLP

Hold the Phone! Obtaining Prior Consent under the TCPA Before Calling/Texting/Faxing Consumers

Stinson LLP on

The Telephone Consumer Protection Act (TCPA) impacts any business that contacts consumers by phone, text or fax. Among other things, it limits the ability to place calls and send texts to consumers using an automatic...more

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