Newsletters

04.21.22

Robocalls Subject of More FCC Cease and Desist Letters

Continuing its recent trend of cracking down on robocalls, the Federal Communications Commission issued another three cease and desist letters to voice service providers.


03.31.22

Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

In an appeal consolidating two Telephone Consumer Protection Act cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing software Txt Live did not meet the statutory definition of an autodialer.


03.31.22

State Telemarketing Laws Popping Up Around the Country

Florida’s passage of a Telephone Consumer Protection Act state law analogue appears to have started a trend, with similar bills introduced in Georgia, Oklahoma and Washington.


03.31.22

Request to Stop Text Messages Trumps Emergency Exception

A plaintiff’s request to stop sending text messages trumps the “emergency purposes” exception to mandated consent under the Telephone Consumer Protection Act, a Florida federal court recently ruled.


03.31.22

Federal Agencies Maintain Focus on Robocalls

Both the Federal Communications Commission and the Federal Trade Commission have continued their push to crack down on robocalls in recent weeks, with cease and desist letters, a proposed record-setting fine, and a warning to comply with investigations or face a lawsuit.


12.21.21

Renewing Compliance With Automatic Renewal Laws

As the use of automatic renewal subscriptions continues to increase, four states have recently contributed to the regulatory landscape.


12.17.21

Reassigned Number Database Up and Running

It’s official: The Federal Communications Commission’s reassigned number database, which will hopefully minimize claims brought under the Telephone Consumer Protection Act, is up and running after several years in the making.


12.17.21

NY State, Federal Legislation Targets Spoofing

In legislative news, New York enacted two new telemarketing-related laws while Congress is considering a measure that would double the penalties for illegal caller ID spoofing.


12.17.21

FTC Reports on National DNC Registry

The Federal Trade Commission reported on the National Do Not Call Registry statistics for Fiscal Year 2021, along with data on consumer complaints about unwanted telemarketing calls.  


11.30.21

California Court Rejects Vicarious Liability Claims

Claims of vicarious liability under the Telephone Consumer Protection Act (TCPA) failed in California federal court after the plaintiff was unable to demonstrate that the defendants had provided the caller with authority to violate the statute.