Tag Archives: Telephone Consumer Protection Act (TCPA)

ANA Legal & Regulatory Webinar: TCPA Trends and Hot Topics

Please join us on Tuesday, May 8th, 2018 at 1:00 pm eastern for a webinar providing an overview of TCPA exposure risks in telemarketing, including the risks for calls and SMS using an Automatic Telephone Dialing System (ATDS) and what previously constituted an ATDS under FCC guidance. It will also cover the recent D.C. Circuit Court … Continue Reading

Dun & Bradstreet Settles TCPA Class Action Lawsuit for $10 Million

Late last week, Dun & Bradstreet Creditability Corp. and its related entities settled a class action lawsuit. In the lawsuit, the plaintiffs alleged that Dun & Bradstreet violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic dialing system to call cellular phones without prior express consent of the plaintiffs. As part of the … Continue Reading

ANA and Reed Smith Offering TCPA Webinar Next Week

We invite you to participate in a webinar hosted by the Association of National Advertisers (ANA) along with Timothy J. Nagle and Christine Nielsen Czuprynski of Reed Smith's Data Security, Privacy & Management Group, titled Navigating the TCPA Minefield, on Tuesday, January 14, 2014 at 1 p.m. EST. The session will provide participants a valuable update on the Telephone Consumer Protection Act and what marketers need to know when distributing text message promotions. Among the topics that will be discussed are: - The current state of the TCPA - Recommendations for conducting compliant text messaging campaigns - Best practices for avoiding class action scrutiny This session is part of a new webinar series hosted by the ANA's Government Relations group, focusing on current legal and regulatory issues affecting the marketing and advertising community. For additional information, visit the ANA Webinars page at http://www.ana.net/webinars/index.… Continue Reading

FCC Invites Comments on Petitions Related to Revised TCPA Rules

This post was written by Christine E. Nielsen. The FCC is seeking comments on industry group petitions for clarification and forbearance on the recently amended Telephone Consumer Protection Act (TCPA) Rules. A petition filed with the FCC by a Coalition of Mobile Engagement Providers specifically seeks clarification that the revised forms of consent are only … Continue Reading

FTC Announces Robocall Summit

On the heels of our report that the Federal Communications Commission ("FCC") is putting the obligations on entities that use auto-dialers — “Robocalls” — to public safety phone lines on its agenda for the year (see our 10/17/12 blog: “New Do-Not-Call Public Safety Registry Creates Additional Obligations for Auto-Dial Operators” by Judith L. Harris and … Continue Reading

NASCAR Sued Over Unsolicited Text Messages

On August 10, a California woman filed suit against Nascar Holdings, Inc., alleging that the company violated the 1991 Telephone Consumer Protection Act (“TCPA”) by sending out unsolicited text messages. According to the complaint, the text messages were sent in February of this year to promote a Sprint Cup race at Daytona. Interestingly, the plaintiff alleges that … Continue Reading

The Show Must Go On – But First Get Consent

…another important development in the area of mobile marketing and advertising. Last week, the U.S. District Court for the Northern District of Illinois’ Eastern Division found that a 20th Century Fox SMS campaign violated the Telephone Consumer Protection Act (the “TCPA”). While these cases provide extremely important guidance as mobile marketing continues to evolve into legitimate … Continue Reading

A Mobile Marketer’s Horror Story

When Laci Satterfield’s son answered his mother’s cell phone in the middle of a cold January night in 2006, he heard the following message: “The next call you take may be your last.” Seconds later, when a text message arrived to the same number promoting Steven King’s newest horror novel, The Cell, Ms. Satterfield decided that … Continue Reading

Why Doesn’t Anyone Call Me?

Has it ever occurred to you why you get so many calls at home from people trying to sell you stuff (or from creditors) but very few, if any, on your mobile phone? This is rooted in a Federal Communications Commission (FCC) rule that prohibits telephone calls (other than calls made for emergency purposes or made … Continue Reading

FCC Solicits Comments for a Declaratory Ruling Regarding the TCPA

Yesterday, the Federal Communications Commission solicited comments regarding a petition for declaratory ruling under the Telephone Consumer Protection Act (TCPA). Specifically, the Commission seeks clarification on whether a creditor may place autodialed or prerecorded message calls to a telephone number associated with wireless service that was provided to the creditor initially as a telephone number associated … Continue Reading
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