Author: Richard B. Newman

Court Addresses Unconstitutional TCPA Damages and Who Can be Held Liable

A company that managed the ownership rights of a film hired a company to promote and market the film.  There were approximately ... Read Article

FTC Attorneys Announce “Back-to-Basics” Advertising and Data Security Workshop

The Federal Trade Commission has announced that, along with its regional partners, it will conduct a public workshop in Atlanta on Thursday, ... Read Article

Federal Court Holds TCPA Plaintiff Did Not Adequately Allege ATDS

In Bader v. Navient Solutions, LLC (N.D. Ill. June 14, 2019), the North District of Illinois dismissed a Telephone Consumer Protection Act ... Read Article

TCPA Robocall and State Privacy Legislation Update

The Federal Communications Commission considers the definition of an automatic telephone dialing system (“ATDS”), robocall legislation looms in Congress. The Senate recently ... Read Article

Nevada Passes Law Allowing Opt-Out of Data Sale

Nevada has just passed SB 220, a data privacy law that permits consumers to opt-out of data sales by web operators.  The ... Read Article

Telephone Consumer Protection Act Update – TCPA

FCC Commissioner Delivers Pro-Telemarketer TCPA Speech – May 2019 FCC Commissioner Michael O’Reilly recently delivered a telemarketer defense-oriented speech at an event ... Read Article

New York Becoming Leader of Financial Consumer Protection

The state of New York has long been considered a leading advocate of consumer protection, particularly when it comes to regulating the ... Read Article

FTC Warns Marketers to Take CIDs and Subpoenas Seriously

The Federal Trade Commission obtains information through subpoenas and civil investigative demands (CIDs) pursuant to its mission to investigate deceptive and unfair ... Read Article

FTC Signs Consumer Protection MOU With UK Regulator

The Federal Trade Commission has signed a memorandum of understanding with the United Kingdom’s Competition and Markets Authority (CMA), a non-ministerial department ... Read Article

FTC Defense Lawyer Alert: Third Circuit Limits FTC’s Enforcement Authority for Prior Conduct

Bad facts for the Federal Trade Commission?  Maybe.  Resulting in bad law from the FTC’s perspective?  Maybe.  What is certain is that ... Read Article

TCPA Alert: Court Rules that Transactional Text Messages Not Advertising and Coverage Developments

The Northern District of California recently dismissed a plaintiff’s TCPA claim based on text messages that confirmed plaintiff’s hotel reservations and encouraged ... Read Article

FDA Position on Cannabis-Derived Compounds

Regulation of Products Containing Cannabis and Cannabis-Derived Compounds Immediately following the 2018 Farm Bill being signed into law, the U.S. Food and ... Read Article

TCPA Alert December 2018

FCC Releases Draft Order to Combat “Robocalls” The Federal Communications Commission recently released two draft orders intended to address  unlawful robocalls. The ... Read Article

FTC Attorney on Recent TCPA Litigation Developments

Congress Proposes Legislation to Combat Robocalls Congress has proposed a bill to attack robocalls.  The “TRACE Act” would expand FCC authority under ... Read Article

TCPA News for Telemarketers

SCOTUS Grants Certiorari in TCPA Case Following the ACA International decision from the D.C. Circuit, it was a matter of when, not ... Read Article
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