News & Analysis as of

Telemarketing Compliance Marketing

Kelley Drye & Warren LLP

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

Shipkevich PLLC

TCPA Compliance Alert: FCC’s New Opt-Out Rule Takes Effect April 11, 2025

Shipkevich PLLC on

The Federal Communications Commission’s (“FCC” or the “Commission”) recently adopted a new Opt-Out Rule under the Telephone Consumer Protection Act (“TCPA”), which will take effect on April 11, 2025. Currently, the TCPA...more

Klein Moynihan Turco LLP

Do Not Disturb: Observe Telemarketing Hours!

Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Not Dead Yet

As we previously reported, at the eleventh hour, the Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) much-anticipated one-to-one consent rule in Insurance Marketing Coalition...more

Klein Moynihan Turco LLP

Current TCPA and Medicare Marketing Landscape

As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best....more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Eleventh Circuit Knocks Out One-to-One Consent

Just one business day before the FCC’s one-to-one consent rule was set to go into effect, the rule became no more following the Eleventh Circuit’s decision in Insurance Marketing Coalition v. FCC....more

Wiley Rein LLP

UPDATE: 11th Circuit Vacates FCC’s One-to-One TCPA Consent Rule

Wiley Rein LLP on

While Monday was the original compliance deadline for the Federal Communications Commission’s (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision...more

McDermott Will & Emery

2024 Updates to State Mini-TCPA Laws

McDermott Will & Emery on

Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

BCLP

FCC’s New 1:1 Consent Rule Spells Trouble in 2025

BCLP on

On January 27, 2025, the new Federal Communications Commission (“FCC”) rule requiring telemarketers to obtain one-to-one consent for robocalls/texts is scheduled to go into effect. Expanding on the Telephone Consumer...more

Wiley Rein LLP

Reminder: FCC’s One-to-One TCPA Consent Rule Takes Effect January 27, Raising Enforcement and Litigation Risks

Wiley Rein LLP on

The Federal Communications Commission’s (FCC or Commission) new Telephone Consumer Protection Act (TCPA) one-to-one consent rule takes effect in less than one week – on January 27, 2025. The new rule, once effective, will...more

Klein Moynihan Turco LLP

Open Enrollment Marketing – The Do’s and Don’ts

Klein Moynihan Turco LLP on

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

Moritt Hock & Hamroff LLP

CarShield’s $10 Million Lesson: A Tale Of Deceptive Advertising

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

Sheppard Mullin Richter & Hampton LLP

Florida Expands Telemarketing Laws

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

Robinson+Cole Data Privacy + Security Insider

FCC issues supplementary information clarifying TCPA robocall rules

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

Robinson+Cole Data Privacy + Security Insider

Lyft and First National Bank notified of TCPA violations by FCC

Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to...more

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