Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook
The Supreme Court’s decision in Facebook v. Duguid changed many aspects of Telephone Consumer Protection Act (TCPA) compliance.
Thought Leadership
Healthcare Calls Face Deliverability Challenges
Calling and messaging is an essential facet of modern healthcare. But even the most compliant healthcare callers are facing a new challenge that seriously impedes their ability to communicate with patients: the risk of calls being marked as spam or not being received due to the new regime of call blocking and labeling policies, apps, and regulations.
State and Federal Enforcement Actions Present Unique Challenges for Marketers
On August 2, the attorneys general from all 50 states announced the creation of an Anti-Robocall Litigation Task Force. The purpose of this task force is "to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States." This represents an escalation in the ongoing trend of state and federal regulators—often working together—directly enforcing telemarketing regulations rather than merely leaving things to private plaintiffs in lawsuits and class actions. These regulatory enforcement efforts present particular challenges for law-abiding callers.
Political Campaigns Must Contend with New 10DLC Rules
Tuesday, November 8 is election day in what is shaping up to be a busy midterm election year. That means that political campaigns, and the communications and marketing professionals that they hire, are sending campaign-related text messages in enormous volumes. Political campaign messages are afforded some exemptions and privileges under the Telephone Consumer Protection Act (TCPA).
Compelled Arbitration as a TCPA Defense Strategy
In recent months, multiple notable Telephone Consumer Protect Act (TCPA) court decisions have hinged on questions of arbitrability and the enforcement of mandatory arbitration clauses. These clauses are a valuable method of defense for callers and TCPA defendants, but they are not a simple, end-all-be-all solution. They are a complex legal defense strategy and a topic of considerable depth and nuance.
Is SMS the Safest Marketing Channel? 8 Questions to Minimize Your Risk
Over the past few months, questions on SMS marketing and TCPA have been some of the most common questions I receive. Today I wanted to share with you 8 questions you must ask yourself to minimize your TPCA risk and maximize your effectiveness with SMS marketing.
The TCPA and Personal Liability
Litigation under the Telephone Consumer Protection Act (TCPA) generally targets companies, whether that means telemarketing companies or the sellers that hire them. But there is a legal precedent for TCPA complaints—and the potentially expensive penalties that go with them—to be filed against employees and corporate officers under a theory of individual liability.
Top Ten Telemarketing Compliance Stories of 2021
2021 was an eventful year in the world of telemarketing regulations. Here are the most important events and stories from the past year.
30 Years of the TCPA
Today is the 30 year anniversary of President George H.W. Bush signing the Telephone Consumer Protection Act (TCPA) into law. It is fitting that this anniversary is somewhat overlooked as, for the first two decades of its existence, the TCPA served its intended, modest purpose as a statute allowing individual consumers to bring lawsuits in small claims court.
Wrong Numbers Are a TCPA Risk
Wrong numbers sometimes take a backseat to reassigned numbers when discussing Telephone Consumer Protection Act (TCPA) risks. But they represent a similar sort of risk without counterbalancing features like the Reassigned Numbers Database (RND) and its associated safe harbor. Understanding why wrong numbers serve as a source of TCPA risk and implementing measures to mitigate that risk are essential parts of TCPA compliance.