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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 ...

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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 ...

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Court rules you may not have 30 days to honor a “do-not-call” request- maybe not even 4 days

William Raney August 13, 2024

Callers have a “reasonable [amount of] time” not to exceed 30 day to implement a company specific do-not-call request. Does that mean a plaintiff can’t ...

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 ...

Oregon has modified its “do-not-call” law to specifically provide for “accomplice liability”

William Raney August 14, 2023

Oregon has enacted a law (HB 2759) that specifically assesses penalties to entities which know or consciously avoid knowing of businesses that violate state or ...

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