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The United States Federal Communications Commission › Telephone Consumer Protection Act › Telemarketing Sales Rule

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
Alston & Bird

Operation Robocall Roundup: State AGs Target Voice Providers

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What Happened? In a nationwide push to combat illegal robocalls, 51 state and attorneys general—through the Anti-Robocall Litigation Task Force— have launched Operation Robocall Roundup, targeting voice service providers...more

Kelley Drye & Warren LLP

FCC and State AG Announcements Show Focus on Robocall Enforcement

Kelley Drye & Warren LLP on

Regulatory enforcement priorities can vary greatly between individual states and between the states and the federal government. But as we have previously reported, there is one area where regulators across the board tend to...more

Klein Moynihan Turco LLP

One-to-One Consent Rule Vacated: What Comes Next?

Klein Moynihan Turco LLP on

In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more

Klein Moynihan Turco LLP

DNC Demand Letters Are a Serious Matter

Klein Moynihan Turco LLP on

As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call (“DNC”) regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded by DNC demand...more

Venable LLP

Telemarketing and Texting: An Excerpt from the Advertising Law Tool Kit

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Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

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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

Wiley Rein LLP

FCC and State AG Partnership Signals Major Shift in Robocall Enforcement

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On July 7, 2022, the Federal Communications Commission (FCC or Commission) and the Attorney General of the State of Ohio (Ohio AG) announced a coordinated enforcement initiative that signals a major shift in how state and...more

Cozen O'Connor

Industry And Government Join Forces To Combat Robocalling

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On September 8, 2021, the National Association of Attorneys General (NAAG), in coordination with Michigan Attorney General Dana Nessel and Ohio Attorney General Dave Yost, kicked off its Robocall Summit. The Summit included a...more

BCLP

Supreme Court Issues Game Changing Definition of ATDS Under TCPA

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On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more

Davis Wright Tremaine LLP

Regulators Turn to Service Providers in Fight Against Robocalls

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FCC Asks "Gateway Service Providers" to Help Traceback Efforts of Foreign-Originating Calls, While FTC Warns VoIP Providers Against Facilitating Violations - The Federal Communications Commission (FCC) and Federal Trade...more

Womble Bond Dickinson

Cruise Line Sails into Sea of TCPA Liability from Vendor’s Use of Soundboard Tech

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New communications technologies are being adopted at a rapid pace by industry.  This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA.  One such question, which has seen...more

Womble Bond Dickinson

FCC Seeks Comment on TCPA’s Classification of Calls Placed Using Soundboard Systems

Womble Bond Dickinson on

On the heels of a February 2019 Public Notice regarding the same issue, the Federal Communications Commission’s (“FCC” or Commission”) Consumer and Governmental Affairs Bureau is once again seeking comment on the TCPA’s...more

Womble Bond Dickinson

Don’t Call It a Comeback: The National Do Not Call Registry (“DNCR”) Has Been Here for Years, but DNCR-Based Litigation May Be on...

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Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more

Farrell Fritz, P.C.

Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

Farrell Fritz, P.C. on

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more

Sheppard Mullin Richter & Hampton LLP

Dish Network to Dish Out $341M for TCPA Violations

Sheppard Mullin Richter & Hampton LLP on

Two recent judgements against Dish Network LLC (“Dish”) for violations of the Telephone Consumer Protection Act (TCPA) and similar state and federal laws demonstrate the significant liability companies may face based on the...more

Dorsey & Whitney LLP

$283MM in Telemarketing Penalties: The Top 10 Things You Need to Know About the Big Dish Ruling This Week

Dorsey & Whitney LLP on

On the heels of a crushing $60MM civil judgment in North Carolina two weeks ago, Dish was hit with a staggering $283MM in penalties in an epic ruling by Judge Sue E. Myerscough of the Central District of Illinois this week in...more

Womble Bond Dickinson

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

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In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Sheppard Mullin Richter & Hampton LLP

The Times They Are A Changin' (Again): A How-To Guide Regarding Compliance With New FCC Regulations Mandating Prior Express...

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The following fairly unremarkable scenario occurs numerous times every day in countless commercial settings nationwide: a consumer walks up to a cash register to pay for something and, during the course of that exchange, the...more

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