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Telemarketing › Telephone Consumer Protection Act › Established Business Relationship

Troutman Amin LLP

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

Troutman Amin LLP on

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

Klein Moynihan Turco LLP

Insurance Company Hit With Do Not Call Class Action Lawsuit

Klein Moynihan Turco LLP on

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more

Hinch Newman LLP

What Telemarketers and Lead Generators Need to Know About the FTC’s TSR Recordkeeping Rules

Hinch Newman LLP on

As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more

Faegre Drinker Biddle & Reath LLP

Internal DNC Policies Not Prerequisite to Using EBR Defense, Ohio Southern District Holds

Faegre Drinker Biddle & Reath LLP on

Earlier this month, the U.S. District Court for the Southern District of Ohio clarified that a TCPA defendant need not maintain an internal do-not-call list and policies in order to invoke the “established business...more

BakerHostetler

Context Matters: An ‘Established Business Relationship’ Can Be Created During a ‘Telephone Solicitation,’ Thus Preventing...

BakerHostetler on

A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v....more

Ballard Spahr LLP

New FCC Telemarketing Written Consent Requirement Takes Effect on October 16

Ballard Spahr LLP on

Effective October 16, 2013, all sellers and telemarketers will need a consumer's written agreement to make prerecorded telemarketing calls to residential telephone lines or autodialed or prerecorded telemarketing calls to...more

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