Newsletters

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.


12.17.21

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.


11.30.21

ATDS Sufficiently Alleged, Illinois Court Says

The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal court recently held.


11.30.21

CEO Evades Personal Liability in TCPA Suit

A New Jersey federal court has refused to hold the CEO of companies also named as defendants in a Telephone Consumer Protection Act (TCPA) lawsuit personally liable.