Written by Paul Abbott Companies that require customers to agree to receive autodialed marketing calls and text messages as a condition for using the companies’ services have been put on notice that they may be in violation of the Telephone Consumer Protection Act (“TCPA”). Last week, the Federal Communications Commission issued a Citation and Order… Continue Reading
Tag Archives: TCPA
FCC Ruling Addresses Robocalls by Health Care Providers
Posted in Privacy Regulation, UncategorizedWritten by Jordan Cohen As we discussed in last week’s Privacy Monday, the Federal Communications Commission (FCC) recently released its Declaratory Ruling and Order clarifying and expanding the reach of the Telephone Consumer Protection Act (TCPA). While the ruling is broad in its subject matter, part of the ruling specifically addresses so-called “robocalls” made by health care providers…. Continue Reading
FCC’s Retroactive Solicited Fax Opt-Out Waiver Window Closing
Posted in Class Action LitigationWritten by Ernie Cooper Businesses that engage in fax advertising and solicitation should pay careful attention to the recent ruling by the Federal Communications Commission clarifying that even fax advertisements sent with the prior express invitation or permission of the recipient must include an opt-out notice that: (1) is clear and conspicuous and on the… Continue Reading
Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA
Posted in Class Action Litigation, Privacy LitigationWritten by Ernie Cooper In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer Protection Act (TCPA). The marketing consultant acknowledged that Federal Communications Commission orders… Continue Reading
Retailers Ask FCC to Clarify that Text Message Responses Are OK
Posted in Privacy Regulation, UncategorizedWritten by Ernest C. Cooper Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested? The Retail Industry Leaders Association (RILA) thinks not, and has filed a petition asking the Federal Communications Commission to clarify that sending a one-time text message… Continue Reading
