12 Days of Regulatory Insights: Day 2 – AI Under Scrutiny — Regulatory Oversight Podcast
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
A Conversation with NAAG President and Iowa Attorney General Tom Miller - Regulatory Oversight Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
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
The TCPA: Basics, Targeted Industries, and Trends
The Federal Communications Commission’s (FCC) rule requiring telemarketers to obtain one-to-one consent for autodialed calls/texts and robocalls is set to go into effect on January 27, 2025....more
With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment...more
In January 2024, the FCC adopted a Report and Order that closed the so-called “lead generator loophole,” and also included a number of new consent-related requirements....more
On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury...more
One of the most difficult questions to answer in the context of the Telephone Consumer Protection Act is whether a call or text message qualifies as telemarketing and requires heightened consent. In the last month, the US...more
I was recently in the potential market for an extended car warranty. After a bit of research, I contacted CarShield to explore my options. I spoke with a representative who heartily congratulated me on qualifying for one of...more
Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses. In this article, we focus on a recent decision from...more
In this month's article, we share some of our top "bites" covered during the June 2024 webinar....more
The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...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
On March 7, 2024, the Federal Trade Commission announced significant amendments to its Telemarketing Sales Rule. The effective dates for these changes are tied to publication of this announcement in the Federal Register,...more
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more
The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses...more
Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more
The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more
This year will see a continued proliferation of enforcement against health-care fraud, with old and new theories. Some hot spots for enforcement will involve cases about new technologies; data outliers; entities perceived as...more
Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more
The US Senate Commerce, Science, and Transportation Committee’s Subcommittee on Communications, Media, and Broadband (“Subcommittee”) held a hearing on “Protecting Americans from Robocalls.” Testifying before the Subcommittee...more
On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA...more
In 2018, the Federal Trade Commission announced “Operations Donate with Honor,” as law enforcers united to challenge deceptive fundraising. At the time, 54 Attorneys General from all 50 states, the District of Columbia,...more
The US Department of Health and Human Services Office of Inspector General (OIG) announced on April 25 that it would be updating its Compliance Program Guidances (CPGs)....more
Florida recently amended its existing telemarketing laws, the Florida Do Not Call Act and the Florida Telemarketing Act. SB 1120, which went into effect July 1, 2021, imposes significant additional restrictions (and...more
As anyone who has been through a corporate sale process can tell you, there is no such thing as a “standard” M&A transaction. Every deal is different and presents a unique set of challenges. This is especially true of...more
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) hosted a half-day forum that featured government officials discussing hot-button issues in consumer protection regulation and enforcement. Speakers at the...more
We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more