SCOTUS to Hear Oral Arguments in Facebook v. Duguid
It can be easy to forget considering everything else that has happened
Is the TCPA Only for Cell Phones?
The TCPA regulates all sorts of telemarketing activity, including calls to every type of phone number. This article will explain how the TCPA’s restrictions on the use of an automatic telephone dialing system (ATDS) to call cell phone numbers fits into the law’s overall regulatory framework.
What Is TCPA Express Consent?
The most essential rule for avoiding Telephone Consumer Protection Act (TCPA) violations is to obtain the express consent of the called party before placing automated calls, text messages, or faxes. There are two kinds of consent: prior express consent and prior express written consent. Which kind of consent is required of a caller varies depending on the purpose of the call or text. But some sort of consent is always required.
What Is TCPA Compliance?
This article will explain the main provisions of the Telephone Consumer Protection Act (TCPA) with which callers must comply, outline why compliance is so important, and offer some best practices for compliance.
Another District Court Rules TCPA Retroactively Unconstitutional
Last month, a district court in Louisiana handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) that effectively rendered the law to be unenforceable for any alleged violations committed during a nearly five-year-long span of time.
President Trump’s Campaign Faces Another TCPA Complaint
While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS).
Political Survey Triggers TCPA Class Action
In our previous coverage of the intersections between politics and the Telephone Consumer Protection Act (TCPA), we have largely focused on lawsuits faced by campaigns for elected office, such as those conducted by President Trump and Michael Bloomberg. But a recent TCPA class action—Drew v. Am. Directions Research, Grp., Case No. 20-cv-00402, 2020 U.S. Dist. LEXIS 191780 (N.D. Ill. October 16, 2020)—demonstrates how the risk of TCPA liability extends to other sorts of political communications, namely voter surveys.
Car Dealerships Settle TCPA Class Action for $850,000
A group of car dealerships settled a Telephone Consumer Protection Act (TCPA) class action—King v. Classic Chevrolet, Case No.: 4:19-CV-0429-CVE-JFJ, 2020 U.S. Dist. LEXIS 189783 (N.D. Ok. October 14, 2020)—stemming from alleged text message marketing violations.
TCPA vs. DNC
Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.