• Can an EBR be Created DURING a Telephone Solicitation?

    At least one federal court ruled that an “established business relationship” can be created during a telephone call – and prevent further ... Read Article

    Supreme Court Expands TCPA to Cover More Categories of Speech

    In a 6-3 opinion, delivered by Justice Kavanaugh, the Supreme Court affirmed the Fourth Circuit’s ruling in Barr v. American Association of Political Consultants, ... Read Article

    Court Enforces TCPA Clickwrap Agreement in a Victory for Marketers

    One of the key issues in any Telephone Consumer Protection Act class action lawsuit is whether there exists “prior express written consent.”  ... Read Article

    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

    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

    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

    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

    Individualized Issues of Consent Result in TCPA Class Action Certification Denial

    Class actions are designed to promote the efficiency of litigation by allowing the claims of a group of individuals with the same ... Read Article

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