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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 ...

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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 ...

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The TCPA Requires Disclosures to be “Clear and Conspicuous”. What Does this Mean?

Copilevitz Lam & Raney November 1, 2024

Phoebe Mullen | October 10, 2024 A recent case has given some good examples… of what not to do. The Telephone Consumer Protection Act (“TCPA”) ...

What the FTC thinks “clear and conspicuous” means for TSR enforcement

William Raney August 13, 2024

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 ...

Court Rules Serial Plaintiff Cannot Act Both As Plaintiff and Class Counsel

William Raney January 4, 2024

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 ...

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

William Raney January 3, 2024

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 ...

Which Law Applies when an Area Code Does Not Match the Call Recipient’s Location?

William Raney December 4, 2023

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 ...

Federal Trade Commission 2023 Fiscal Year “Do-not-call” Registry Data

William Raney November 9, 2023

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 ...

Plaintiffs at it Again with Silly Opt-Out Language

William Raney October 12, 2023

A court has ordered arbitration in a case brought by a plaintiff who replied “S T O P” with spaces between each letter instead of ...

Florida court allows claim against Telecom company to continue alleging it knowingly transmitted fraudulent calls to residents

William Raney September 5, 2023

In Office of the Attorney General v. Smartbiz Telecom, LLC, the Florida Attorney General alleged SmartBiz transmitted fraudulent calls despite being notified more than 250 ...

Supreme Court ruling highlights importance of linking to terms & conditions that include arbitration language in TCPA disclosure

Kellie Mitchell Bubeck September 5, 2023

In a win for defendants facing class action lawsuits under the Telephone Consumer Protection Act (TCPA), the Supreme Court held that when a federal district ...

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