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Advertising Telecommunications Marketing

Troutman Amin LLP

JOURNEYS: Genesco, Inc. Sued in TCPA Class Action Over Promotional SMS Messages From Journeys Brand

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Interesting new TCPA class action filing. Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop. Per the...more

Klein Moynihan Turco LLP

Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more

Conyers

Bermuda Telemarketing Guidance Note

Conyers on

1. Governing Texts 1.1. Legislation The Personal Information Protection Act 2016 (as amended) (PIPA) The Electronic Transactions Act 1999 (as amended) (ETA) The Standard for Electronic Transactions (the ETA Standard) ...more

Klein Moynihan Turco LLP

Text Messaging and The Campaign Registry

By now, many businesses are familiar with The Campaign Registry (or “TCR”). The Campaign Registry was created as a collaboration between major United States mobile telecommunications carriers to address the growing issue of...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

Buchalter

One Florida Firm is Targeting Ecommerce Brands With TCPA Class Actions Claiming That Promotional Text Messages Sent Outside of...

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In 2024, a single firm in Florida started targeting social media users with an ad campaign claiming that any promotional text message sent outside the hours of 8am and 9pm violates the Telephone Consumer Protection Act. This...more

Lerman Senter PLLC

FCC Warns that Unreported Exchange of Radio Airplay for Event Participation by Artists Violates Payola Rules

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The FCC has issued an Enforcement Advisory reminding radio broadcasters that manipulating airplay based on an artist’s willingness to participate in station promotions or events is illegal under the FCC’s payola rules unless...more

Wiley Rein LLP

Radio Broadcasters Cautioned by FCC Enforcement Bureau About Disclosure Obligations for Concerts and Festivals

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On February 6, 2025, the Federal Communications Commission (FCC or Commission) Enforcement Bureau published an Enforcement Advisory reminding radio broadcasters of their disclosure obligations in connection with artist...more

Marshall Dennehey

New Changes to Pennsylvania Attorney Advertising Rules Prohibit Text Messages to Solicit Prospective Clients

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In October 2024, the Pennsylvania Supreme Court adopted a series of amendments to the Rules of Professional Conduct for legal services communications. The new rule changes, which went into effect on November 14, 2024, are...more

Kelley Drye & Warren LLP

NAD Hears a Dispute Between Two Big (or Maybe Medium) Guys

Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ ​“top three plays of the day” with additional commentary from influencer Kai Cenat. Mahomes scrambles into a T-Mobile store with a ​“little...more

Klein Moynihan Turco LLP

Upcoming CMS Marketing Rule Changes

As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing an end, now is a good time to...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ June 2024

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more

Perkins Coie

FCC Declares AI-Generated Robocalls Unlawful

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Artificial Intelligence (AI)-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

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By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

BakerHostetler

AD-ttorneys@law - October 2023

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Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

Benesch

Seventh Circuit Throws FCC “Guidance” In Trashcan

Benesch on

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

Sheppard Mullin Richter & Hampton LLP

Texting Post-Duguid: Can Consent Practices Change?

Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more

Goodwin

Despite Legalization, Cannabis Retailers Still Face Telecom Backlash

Goodwin on

On March 31, 2021, New York became the 16th state in the U.S. (with New Mexico poised to become the 17th any day now) to legalize the recreational use of cannabis by people 21 years old or older, paving the way for the...more

Carlton Fields

Supreme Court to Settle Circuit Split on TCPA Autodialer Prohibitions

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In our April issue, we covered the beginnings of a circuit split over the extent to which the Telephone Consumer Protection Act (TCPA) prohibits advertisers and other advertising campaigns from using automated dialing...more

Robinson+Cole Data Privacy + Security Insider

Advanced Care Scripts Settles Pending TCPA Class Action for $9.25 Million

Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC...more

BakerHostetler

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

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On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

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