TCPA

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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.

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Ninth Circuit Rules That Screen Recording Technology May Constitute Wiretapping

A recent ruling by the Ninth Circuit Court of Appeals in a California Invasion of Privacy Act (CIPA) class action classified a screen recording technology as potentially being an illegal form of wiretapping, with deleterious possible effects for widely used Telephone Consumer Protection Act (TCPA) compliance efforts.

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Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration

Contact Center Compliance’s most recent webinar—Berman, Wrong Numbers, & Arbitration—covered a wide variety of important topics in the world of Telephone Consumer Protection Act (TCPA) compliance. Our guest, the esteemed Eric J. Troutman from TCPAWorld and the Troutman Firm, discussed these topics with Contact Center Compliance’s Director of Compliance Services, Arvell Craig.

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Ninth Circuit Ruling on Online Disclosure Form Could Set Dangerous Precedent for Leads Industry

A Ninth Circuit decision from last month is already serving as a precedent for Telephone Consumer Protection Act (TCPA) cases that center on online disclosure forms. It demonstrates how courts could use inadequate webform design to undermine otherwise valid arbitration agreements.

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FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare

Late last month, the Department of Health and Human Services (HHS) wrote an open letter to the Federal Communications Commission (FCC) requesting clarification on Telephone Consumer Protection Act (TCPA) rules with regards to healthcare-related messages.

New Crowdsourced Litigator List at StopLitigators.com Is Compiling TCPA Demand Letters

StopLitigators.com is a new, free, crowdsourced database of Telephone Consumer Protection Act (TCPA) litigators compiled from demand letters submitted by industry users. StopLitigators.com is offering free access to check phone numbers against the database in exchange for signing up.

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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.

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Webinar Recap: Facebook: 1 Year Later

Last week we held a webinar, Facebook: 1 Year Later, in which our guests, Eric J. Troutman from TCPAWorld and Squire Patton Boggs and Aaron S. Weiss from Carlton Fields, discussed the implications of the Supreme Court’s decision in Facebook v. Duguid on its first anniversary. Led by Contact Center Compliance’s Director of Compliance Services, Arvell Craig, our panel went through the background of the case and thoroughly dissected how the ruling has been interpreted in lower court decisions over the past year.

March Telemarketing Compliance Roundup

A lot happens in the world of Telephone Consumer Protection Act (TCPA) regulations and it can be easy to miss some important stories. This is a roundup of such stories, making sure that they don’t fall between the cracks of our larger TCPA news coverage.

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Court Rules That COVID Vaccine Message Meets TCPA Exemption Requirements

Two years ago, at the beginning of the COVID-19 pandemic, the Federal Communications Commission (FCC) issued a Declaratory Ruling on how calls and texts related to the pandemic could fit within the Telephone Consumer Protection Act’s (TCPA) emergency purposes exemption.

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