Robocalling, Telemarketing Sales Rule, Prior Express Consent

SILLY TROLL: No You Can’t Invite Calls And then Sue For Them

Troutman Amin LLP on 8/25/2025

Every once in a while I see a case where a Plaintiff invites calls on a recorded call and then sues for the calls. Its weird. But it happens often enough that it merits discussion. So the law requires written prior express...more

Trucking Marketing Communications are Subject to Various Regulations!

Klein Moynihan Turco LLP on 12/20/2024

On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more

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

DarrowEverett LLP on 12/4/2023

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

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...

Womble Bond Dickinson on 9/12/2018

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

D.C. Circuit rejects challenge to FTC opinion applying TSR robocall consent requirement to calls made using soundboard technology

Ballard Spahr LLP on 5/10/2018

The U.S. Court of Appeals for the D.C. Circuit has rejected a trade group’s attempt to invalidate a November 2016 FTC opinion in which the agency concluded that outbound telemarketing calls made using soundboard technology...more

Buried in the Fine Print—The FTC Addresses Prior Express Consent Under the TSR

Perkins Coie on 8/12/2015

In a July 14, 2015 letter to PayPal, the FTC indicated that consent language buried within a “lengthy user agreement” does not satisfy the requirement under the Telemarketing Sales Rule (TSR) that companies obtain prior...more