News & Analysis as of September 18, 2024

Regulatory Violations

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The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

Hinch Newman LLP on 4/16/2024

Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more

Timing, Content and ‘Unnatural’ Voice Allegations Keep TCPA Suit Alive

Manatt, Phelps & Phillips, LLP on 12/4/2023

Allegations that a defendant left identical messages in an “unnaturally perfect” voice were sufficient for a Washington federal court to deny a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss....more

Text Message Not An “Artificial or Prerecorded Voice,” Ninth Circuit Rules

Manatt, Phelps & Phillips, LLP on 11/8/2023

A text message does not qualify as an “artificial or prerecorded voice” under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled late this summer. In her TCPA class action,...more

Client Alert: The Future of Text Message Marketing

Neal, Gerber & Eisenberg LLP on 12/4/2019

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common. Indeed, text messages have a read rate of about 98%, and...more

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

Smith Debnam Narron Drake Saintsing & Myers,... on 1/15/2018

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

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