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San Francisco Giants and MLB Advanced Media Sued for Alleged TCPA Violations

Babe Ruth is quoted as having said, "Never let the fear of striking out keep you from playing the game." This may be good advice for a baseball player but it is bad advice for telemarketers who have to worry about the potentially enormous penalties associated with the Telephone Consumer Protection Act (TCPA).

T-Mobile May Block All Debt Collection Text Messages to Its Users

In November of last year, telecommunications carrier T-Mobile quietly made a change to its Code of Conduct that could potentially have enormous consequences: it listed debt collection among what it considers to be “disallowed content.” As a result, it is possible that T-Mobile will block all debt collection text messages—even those that are legal and sent with the consent of the recipient—to it

The 12 States With State-Level DNC Lists

When the Federal Trade Commission (FTC) implemented the National Do Not Call (DNC) Registry in 2003, 32 states already managed their own DNC lists. In the ensuing years, most of those states chose to forgo the continued maintenance of state-specific lists and adopted the federal list.

TCPA Violations: What Constitutes Harm?

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era. As a result, a significant portion of the responsibility for the evolution and clarification of regulatory efforts has been carried out through court opinion.

What Is a Robocall?

The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.