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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 ...

Featured

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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Are “ringless voicemail” calls exempt from the TCPA?

Kellie Mitchell Bubeck July 18, 2017

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 ...

Confused about the TCPA, TSR, FCC, and FTC? A Key to Acronyms and Jurisdiction

William Raney May 22, 2017

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. ...

Are offers of employment “advertisements” or “telemarketing” calls under the TCPA?

Kellie Mitchell Bubeck April 14, 2017

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 ...

Plaintiffs Say TCPA is a Strict Liability Statue, but “Not So Fast” Says Pennsylvania Judge

William Raney September 30, 2016

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 ...

Be Cautious of the Honeypot or You Might Get Stung

Copilevitz Lam & Raney January 21, 2016

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 ...

Supreme Court May Halt Future TCPA Class Actions

Kellie Mitchell Bubeck October 8, 2015

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 ...

FCC Exempts Some Fraud Protection Calls Made by Financial Institutions from TCPA Restrictions

Kellie Mitchell Bubeck September 1, 2015

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 ...

Can Telemarketers Transmit Modified Names on Caller ID Displays?

Kellie Mitchell Bubeck July 24, 2014

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 ...

The “Commonality” Hurdle: Class Certification Becomes More Difficult in California

Kellie Mitchell Bubeck March 25, 2014

Summary California courts deny class certification in call recording class actions because the classes fail to meet the “commonality” requirement in the Federal Rules of ...

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