If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more
2/19/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Enforcement Actions ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
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
2/17/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Data Privacy ,
FCC ,
Marketing ,
Medicare ,
Privacy Laws ,
Regulatory Requirements ,
TCPA ,
Telemarketing
Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s...more
2/7/2025
/ Advertising ,
California ,
CAN-SPAM Act ,
Class Action ,
Compliance ,
Consumer Protection Laws ,
Email ,
Enforcement Actions ,
False Advertising ,
Marketing ,
Unfair or Deceptive Trade Practices ,
Unsolicited Advertisements
Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent...more
1/31/2025
/ Appeals ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Facebook Inc v Duguid ,
FCC ,
Lead Generators ,
Robocalling ,
Statutory Authority ,
TCPA ,
Telemarketing
The culmination of every successful sweepstakes promotion involves the picking of a winner, or multiple winners, as applicable. Winner selection also provides the sweepstakes operator with the opportunity to generate positive...more
1/20/2025
/ Advertising ,
Affidavits ,
Consumer Protection Laws ,
Contract Terms ,
Disclosure Requirements ,
Marketing ,
Personal Information ,
Regulatory Requirements ,
Right of Publicity ,
Sweepstakes ,
Tax Liability
This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking...more
1/16/2025
/ Business Opportunity Laws ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Investment Products ,
Marketing ,
Misleading Statements ,
MLM ,
Proposed Rules ,
Regulatory Requirements ,
Remote Working ,
Unfair or Deceptive Trade Practices
Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida issued a useful decision for Telephone Consumer Protection Act...more
Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act...more