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Telephone Consumer Protection Act Telemarketing Unsolicited Phone Calls

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

What Constitutes A TCPA Solicitation?

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more

Eversheds Sutherland (US) LLP

Georgia joins growing list of states with “mini-TCPAs”

On May 6, 2024, Georgia Governor Brian Kemp signed into law SB 73, which amends Georgia’s existing telemarketing laws, officially adding Georgia to the growing patchwork of states across the country that have introduced their...more

Klein Moynihan Turco LLP

Revised Georgia Telemarketing Law Takes Effect On July 1, 2024

On May 6, 2024, Georgia Governor Brian Kemp signed Senate Bill 73 (“SB 73”) into law. SB 73 amends Title 46 of the Official Code of Georgia (“OCGA”), Georgia’s telemarketing law, with the goal of curbing the proliferation of...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Overturns Salcedo, Holding that One Text is Sufficient for TCPA Standing

In a unanimous en banc decision, the Eleventh Circuit recently held that “a single unwanted, illegal telemarketing text message” is sufficient to allege a concrete injury under the TCPA. Drazen v Pinto, No. 21-10199, 2023 WL...more

ArentFox Schiff

New TCPA Rules For Prerecorded Calls To Landlines Take Effect July 20

ArentFox Schiff on

Major changes to the Telephone Consumer Protection Act (TCPA) regulations applicable to unsolicited informational robocalls to landlines are coming into effect on July 20, 2023. As anyone with a landline telephone during...more

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

Goodwin on

Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more

Faegre Drinker Biddle & Reath LLP

FTSA Does Not Apply to Calls Selling Services to Businesses

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

Venable LLP

New Oklahoma Telephone Solicitation Act Is Not OK - But It Does Contain an Important Exemption

Venable LLP on

Late last week, Oklahoma Governor Kevin Stitt signed the state’s Telephone Solicitation Act of 2022 (OTSA) into law. A couple of months ago, as the legislation was working its way through the Oklahoma state legislature,...more

Foley & Lardner LLP

Florida Telemarketing Alert: Florida Likely Has Adopted Strict Rules on Marketing Phone Calls, Text Messages, and Voicemails

Foley & Lardner LLP on

On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by...more

Kelley Drye & Warren LLP

[Webinar] Tips from the Experts – Defending TCPA Lawsuits – Using Data Analysis Strategies and Support - April 29th, 2:00 pm ET

If you communicate with clients and prospects through phone call, text message, or fax campaigns, you are certainly familiar with the Telephone Consumer Protection Act (TCPA) that applies to these and other areas of direct...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

Hudson Cook, LLP

Like to Live Dangerously? Have I Got a Deal for You!

Hudson Cook, LLP on

Do you have too much positive goodwill in the community and marketplace? Need to shed some so you can pump up your bad boy image? How would you like to engage in some illegal conduct that will result in claims of invasion of...more

Womble Bond Dickinson

Talk About Bad News: Dallas Morning News hit With TCPA Class Action Claiming Dying Circulation Prompted Illegal Call Campaign

Womble Bond Dickinson on

Its not easy running a newspaper these days. Half the country will think you’re fake news and the other half will wonder why you’re even printing stuff on paper anymore (even the picture of the newspapers above makes me think...more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

Fenwick & West LLP on

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

Ballard Spahr LLP

Modernize TCPA, ACA International Urges in White Paper

Ballard Spahr LLP on

In a new white paper, ACA International, a trade association for members of the credit and collection industry, argues that the Telephone Consumer Protection Act (TCPA) must be modernized to accurately reflect the current...more

Robinson+Cole Data Privacy + Security Insider

Mortgage company pays $7.4 million to settle TCPA violations

Mortgage Investors Corp. (MIC) settled a class action this week for $7.4 million for its alleged violations of the Telephone Consumer Protection Act (TCPA) in an Oregon federal court. Plaintiffs stated in their complaint that...more

Ballard Spahr LLP

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

Ballard Spahr LLP on

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

Robinson+Cole Data Privacy + Security Insider

Big win for telemarketers: Courts rule that consumers consented to calls and texts by providing number to the companies

On August 21, 2015, the 11th Circuit upheld the dismissal of a class action against DCI Biologicals, Inc. (DCI) for its alleged violations of the Telephone Consumer Protection Act (TCPA). DCI is a blood plasma collection...more

Baker Donelson

The Telephone Consumer Protection Act – FCC Approves New Rules

Baker Donelson on

John met Susan in a bar. Enamored, he later asked her friend Mary for Susan's telephone number. The next day John called Susan on his iPhone to ask her out on a date. Sadly, John did not get the girl. Instead, he got sued by...more

Davis Wright Tremaine LLP

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

McDermott Will & Emery

FCC Releases Order Clarifying TCPA

McDermott Will & Emery on

Last Friday, July 10, 2015, the Federal Communications Commission (FCC) released Declaratory Ruling and Order 15-72 (“Order 15-72”) to address more than 20 requests for clarity on FCC interpretations of the Telephone Consumer...more

Carlton Fields

A Message From the Eighth Circuit Regarding the TCPA

Carlton Fields on

The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is what the Eighth Circuit...more

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