TCPA Plaintiff Richard Zelma Ordered to Explain Quotes Which Don’t Exist
In a July 14th decision, a federal judge in New Jersey ordered pro se litigant Richard Zelma to explain why his brief in a TCPA case contained numerous quotes that did not exist in the actual court decisions he cited. Zelma v. Wonder Group, Inc, No. 25cv3232, Lexis 135885, (U.S. Dist. N.J July 14, 2025). […]
FCC requests comments on after hours texts
On March 11, 2025, the Federal Communications Commission (“FCC”) requested comments on whether the Telephone Consumer Protection Act (“TCPA”) curfew applies to texts sent after hours to consumers who expressly consented to receiving those texts. The notice can be reviewed here: DA-25-216A1.pdf, and comments are due before April 10, 2025. You can review filed comments […]
Exemption for charities to Oregon privacy law to expire July 1, 2025
Oregon has a comprehensive privacy law requiring notice and giving consumers opt out and other rights. It currently exempts charities recognized under 501(c)(3) of the Internal Revenue Code, but that exemption will expire July 1, 2025, unless the Oregon legislature extends the exemption. The law still only applies if your organization holds data of more […]
Federal Communications Commission open comment period
On March 11, 2025, the Federal Communications Commission (“FCC”) requested comments on whether the Telephone Consumer Protection Act (“TCPA”) curfew applies to texts sent after hours to consumers who expressly consented to receiving those texts. The notice can be reviewed here: DA-25-216A1.pdf, and comments are due before April 10, 2025. You can review filed comments […]
FCC updates “internal” do-not-call list time period
In January 2024, the Federal Communications Commission (“FCC”) released a notice of proposed rulemaking (“NPRM”) regarding changes to consumers’ ability to revoke consent for further texts or calls under the Telephone Consumer Protection Act (“TCPA”). The FCC has finally set the date of enforcement for these new requirements: April 11, 2025. The full order is […]
What the FTC thinks “clear and conspicuous” means for TSR enforcement
The Telemarketing Sales Rule (“TSR”) and Telephone Consumer Protection Act (“TCPA”) both require various disclosures to consumers, either during calls or texts, like the price of goods purchased, or before, e.g. that the consumer is consenting to be contacted by a business. These disclosures are required to be “clear and conspicuous”, but that standard is […]
Court Rules Serial Plaintiff Cannot Act Both As Plaintiff and Class Counsel
In Todd C. Bank v. Dimension Service Corporation, the judge considered Plaintiff Todd C. Bank’s motion to dismiss several affirmative defenses brought by the Defendant in response to Bank’s TCPA class action. Bank v. Dimension Serve. Corp., No. 1:23-cv-2467, 2023 U.S. Dist. LEXIS 230814 (E.D.N.Y. Dec. 29, 2023). Defendant argued that “the putative class should […]
Court Rules the FCC Did Not Have to Give a Citation Prior to Imposing a $120 Million Fine for Violation of TCPA Caller ID Rules
On December 27, 2023, a federal court in Florida ruled that the Federal Communications Commission (“FCC”) did not have to issue a citation (i.e., a formal warning) to an individual prior to fining him $120 million for making more than 96 million spoofed robocalls to consumers during 2016. See United States v. Abramovich, No. 23-21723, […]
Which Law Applies when an Area Code Does Not Match the Call Recipient’s Location?
For many years, we have advised our clients to comply with the most restrictive call monitoring disclosure laws (all-party consent) because area code does not determine location in the era widespread mobile phone use. Thus, even if a telephone number has a Missouri area code (which is a one-party consent state), a plaintiff could, and […]
Federal Trade Commission 2023 Fiscal Year “Do-not-call” Registry Data
The Federal Trade Commission has released its 2023 fiscal year “do-not-call” registry data. See https://www.ftc.gov/news-events/news/press-releases/2023/11/ftc-releases-annual-do-not-call-registry-data-book-showing-consumer-complaints-continued-decrease. It notes consumer “do-not-call” and robocall complaints have decreased to a five-year low. The list now contains 249 million phone numbers, up from 246.8 million last year. Almost 2,000 organizations pay for full access to the list, while almost 8,000 […]