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There’s Still Time Left To Comply: TCPA’s “Prior Express Written Consent”...

A friendly reminder: effective October 16, 2013, the FCC’s rules implementing the Telephone Consumer Protection Act of 1991 (“TCPA”) will require “prior express written consent” before a business may:...

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Decision Holds “Prior Express Consent” To Send Transactional Text Messages is...

In a recent decision, United States District Judge Stephen V. Wilson granted summary judgment to defendant Sabre Inc. (“Sabre”) on the basis that the plaintiff provided her “prior express consent” to...

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Two FCC TCPA Orders Address Consent through an Intermediary, Provide First...

The FCC recently issued a Declaratory Ruling and an Order that provide some clarity in the TCPA arena and create a new exemption for certain types of text messages and calls. In sum, the FCC clarified...

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New Connecticut Mini-TCPA Provides for Giant Penalties and Attorneys’ Fees

Companies sending text messages or conducting voice telemarketing in Connecticut beware! Connecticut has substantially amended its telemarketing law (the “mini-TCPA”), which now may regulate even more...

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Litigation, Litigation, Go Away, Come Again Another Day: TCPA Lawsuit Stayed...

Last week, a Seattle federal court granted the ridesharing company Lyft’s motion to stay a TCPA class action lawsuit brought against it pending resolution of two recent petitions for declaratory...

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The FCC May Make Important Clarifications to the TCPA

Last week, FCC Chairman Wheeler put forth a proposal that will address more than 20 pending petitions before the Agency.  The FCC will vote on the proposal June 18, 2015.  Chairman Wheeler has posted...

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Possible Issues with FCC’s Clarifications to the TCPA

The Federal Communications Commission (“FCC”) adopted a package of declaratory rulings regarding the Telephone Consumer Protection Act of 1991 (“TCPA”), which the dissenting Commissioners warn could...

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The FCC TCPA Order: What Does My Business Need To Know?

This Post Was Co-Authored by Partner, Justine Gottshall and Counsel, Brian Schaller The Federal Communications Commission (“FCC”) released its TCPA Omnibus Declaratory Ruling and Order (“Order”)...

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Willful or Knowing Violation of the TCPA: Treble Damages and What Businesses...

A U.S. District Court signaled that deterrence was a significant factor in awarding treble damages in a Telephone Consumer Protection Act (“TCPA“) lawsuit. The United States District Court for the...

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Good News for Marketers: Federal Court Rolls-Back FCC’s 2015 TCPA Regulations

A D.C. Circuit Court has ruled that the Federal Communications Commission (FCC) under President Barack Obama overreached in part when it issued its 2015 order providing guidance and interpreting the...

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