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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 ...

Featured

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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New York Passes Law Effectively Becoming a Two-Party Consent State for Call Recording
On August 21, 2017, New York amended its telemarketing disclosure law to require prompt disclosure of whether the call is being recorded. The law, which ...
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Are “ringless voicemail” calls exempt from the TCPA?
The Telephone Consumer Protection Act (TCPA) prohibits any person from making any call using an automatic telephone dialing system (ATDS) or prerecorded message to any ...
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Confused about the TCPA, TSR, FCC, and FTC? A Key to Acronyms and Jurisdiction
As of May 19, 2017 the Federal Trade Commission changed its rule governing “soundboard technology” and is no longer exempt from the Telemarketing Sales Rule.  ...
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Are offers of employment “advertisements” or “telemarketing” calls under the TCPA?
The Telephone Consumer Protection Act prohibits autodialed or prerecorded “advertisement” or “telemarketing” calls unless made with the prior express written consent of the recipient.  But ...
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Plaintiffs Say TCPA is a Strict Liability Statue, but “Not So Fast” Says Pennsylvania Judge
As Telephone Consumer Protection Act (“TCPA”) class actions have exploded in frequency, defendants often claim they were unaware of the restriction or that a number ...
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Be Cautious of the Honeypot or You Might Get Stung
Before a phone number can be assigned and given to a consumer, telephone carriers test the number to see if it receives a large amount ...
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Supreme Court May Halt Future TCPA Class Actions
Plaintiffs’ attorneys love to sue under the Telephone Consumer Protection Act (“TCPA”) and for good reason—the TCPA permits class action lawsuits for $500 or more ...
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FCC Exempts Some Fraud Protection Calls Made by Financial Institutions from TCPA Restrictions
Financial institutions will now be able to contact their customers by telephone when accounts may have been compromised or notify account holders of potential fraud ...
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Can Telemarketers Transmit Modified Names on Caller ID Displays?
Summary Sellers and telemarketers cannot intentionally misrepresent a telephone number or name provided as the caller ID display, but they can, likely, use recognized trade ...
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