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TCPA

FCC Votes to Enact Proposed Rule to Close the Lead Generator Loophole

December 27, 2023 by Catherine Nagle

The Bottom Line The Federal Communications Commission (FCC) adopted a rule that is designed to close the lead generator loophole related to robocalls and robotexts. The FCC’s 4-1 vote on December 13, 2023, resulted in a change that could dramatically increase the potential for lawsuits Continue Reading

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - December 27, 2023

Supreme Court Narrows Definition of Autodialer in Facebook Ruling

April 2, 2021 by Patrick Quinn

The Bottom Line The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the Continue Reading

Alert - April 2, 2021

“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA

September 30, 2020 by Patrick Quinn

The Bottom Line Since 1991, the Telephone Consumer Protection Act (TCPA) has set out to end unwanted contact from telemarketers, generally prohibiting (among other things) the use of an “Automated Telephone Dialing System” (ATDS) to call wireless phone numbers without the appropriate level of Continue Reading

Alert - September 30, 2020

Competing Bipartisan COVID-19 Privacy Bills to Be Introduced

June 3, 2020 by Patrick Quinn

The Bottom Line Two federal data privacy bills may soon be introduced before Congress — The COVID-19 Consumer Data Protection Act, introduced by Republican Senators, and the Public Health Emergency Privacy Act, introduced by a group of Democratic Senators and Representatives. The Continue Reading

Alert - June 3, 2020

Key Considerations for Retailers in the Face of COVID-19

April 22, 2020 by Patrick Quinn

The Bottom Line Retailers are facing unprecedented challenges in the face of the COVID-19 pandemic. While some companies, such as wholesalers of essential household items and groceries, are experiencing a surge in demand, others, especially those that rely on a Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - April 22, 2020

Telemarketing Lawsuits Fueled by Regulatory Uncertainty

July 10, 2019 by Catherine Nagle

6th Edition: Trends in Marketing Communications Law Recent developments continue to highlight the high risks associated with class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). With statutory damages of up to $1,500 for a single unauthorized text message, consumers Continue Reading

Trends in Marketing Communications Law - July 10, 2019

“Dialing It Back?” Federal Courts Weigh in on “Autodialers” After Appeals Court Strikes Down FCC Interpretation of TCPA

June 20, 2018 by Patrick Quinn

The Bottom Line In the aftermath of the DC Circuit's ruling striking down the FCC's interpretations of what constitutes an ATDS under the TCPA, ambiguity abounds. While the Herrick ruling represents a very positive development for marketers and their agencies, the Reyes ruling demonstrates that Continue Reading

Alert - June 20, 2018

Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order

May 14, 2018 by Patrick Quinn

The Bottom Line The court's decision sends the FCC back to the drawing board, providing the marketing industry with an opportunity to offer input as the FCC reconsiders its interpretation of the TCPA. Indeed, a coalition led by the U.S. Chamber of Commerce has petitioned the FCC to craft a narrow Continue Reading

Alert - May 14, 2018

What We Can Learn from the FTC’s 2017 Privacy and Data Security Update

March 13, 2018 by Patrick Quinn

The Bottom Line The FTC exercises broad reach over privacy and data security issues across numerous industries. The Report shows a continuing trend towards more enforcement actions and increased penalties. All companies should review their privacy and data practices to confirm that they are in Continue Reading

Alert - March 13, 2018

No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action

January 16, 2018 by Patrick Quinn

The Bottom Line The Northern District of Illinois' practical approach to analyzing whether lack of consent gives rise to actionable harm under the TCPA, and whether this issue can truly be determined on a class-wide basis, may represent a significant victory for businesses that rely heavily on Continue Reading

Alert - January 16, 2018

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