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Telecommunications Marketing Telemarketing

Troutman Amin LLP

CHAOS CHAOS: A different Court Holds SMS Messages ARE Subject to TCPA DNC Protections– On the SAME DAY A Different Court Disagreed

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Gees keep up everyone! Moments ago I told you to expect chaos as a district court just held (for the first time) SMS Messages are NOT subject to the TCPA’s DNC rules. I told you other courts would disagree. Didn’t realize...more

Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

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A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more

Troutman Amin LLP

AU FOND: Camp Lejeune Lead Leads to Trouble For CHARLES BARATTA LLC, doing business as PRIME MARKETING– But I learned a new...

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Au Fond. Do you folks know this lovely phrase? Here I–Mr. Highly Selective Dictionary for the Extraordinarily Literate memorizer– thought I knew it all. And yet the Czar just learned something mysterious and lovely that has...more

Troutman Amin LLP

ANOTHER ONE???: Folsom Insurance Agency LLC Facing Sanctions After TCPA Discovery Loss By #BigLaw Counsel

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Good lord another one? I can’t keep up with all the #biglaw losses. I mean, when was the last time ANY #biglaw firm won ANTHING in a TCPA case? My goodness. What a disaster. Here’s another one. In Bond v. Folsom Insurance...more

Troutman Amin LLP

WAVE OF LITIGATION ENDED?: Are the TCPA’s Quiet Hour Rules Dead After Friday’s Supreme Court Ruling?

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As TCPAWorld.com readers know, 2025 has seen a massive rush of TCPA class litigation. Indeed such filings are up over 100 percent from last year– which was already the highest volume year in history. The biggest volume of...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

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

BCLP

The TCPA’s New Opt-Out Rules Take Effect on April 11, 2025 - What Does This Mean for Businesses?

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The legal world has been abuzz with news of the Federal Communications Commission's One-to-One Consent Rule, which was vacated by the 11th Circuit Court of Appeals last month. However, an additional new FCC rule warrants...more

Benesch

Time of Day TCPA Cases Inundate the Federal Docket

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The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...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

Klein Moynihan Turco LLP

Do You Need Help With TCR Registration?

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

Sheppard Mullin Richter & Hampton LLP

Delays Implementation of One-to-One Consent Rule

On January 24, the FCC issued an order postponing the effective date of its one-to-one consent rule. The rule, which would have required companies to obtain individual consent for each marketing partner before sharing...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

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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 & Schulte

2024 Updates to State Mini-TCPA Laws

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

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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

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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

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

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

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Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more

Adams & Reese

Wave of Class Actions Targeting Businesses Marketing to Florida

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Wave of Class Actions Targeting Businesses Marketing to Florida Is your business at risk? With the 2022 surge of telemarketing class actions, businesses need to be increasingly concerned about their practices and...more

Jones Day

Florida Makes Significant Changes to State Telemarketing Laws

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Florida law now provides a private right of action for violations of various telemarketing rules, allows the use of certain automated telemarketing methods with prior express written consent, and imposes certain restrictions...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

Seyfarth Shaw LLP

Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19

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THC, CBD, CBN…the Cannabis industry is quite familiar with acronyms. But it’s another nasty little four letters, TCPA, that are – or should be – on the top of mind for every dispensary, delivery service, CRM platform, and...more

Hogan Lovells

Eleventh Cir. Rejects Broad Reading of “Autodialer”

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On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Hogan Lovells

Keeping the heat on cold (and warm) calls – new proposed law to restrict direct person-to-person telemarketing calls in Hong Kong

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On 9 April 2019, the Hong Kong Commerce and Economic Development Bureau (CEDB) announced a plan to amend the Unsolicited Electronic Messages Ordinance (UEMO) to extend the regulatory framework to cover direct person-to-person...more

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