On April 28, 2022, the FTC published a Notice of Proposed Rulemaking and an Advance Notice of Proposed Rulemaking, proposing several updates to the Telemarketing Sale Rules.
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Telemarketing
Telecommunications Companies Forced to Turn Over Documents in Response to FTC CID
On February 14, 2022 the FTC announced that, at the agency’s request, federal courts in California ordered two Voice over Internet Protocol service providers to produce information as part of ongoing investigations by the FTC into telemarketing calls and robocalls made in violation of the Telemarketing Sales Rule. …
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Fight Against Robocalls Is Coming for Telemarketing Text Messages
As reported on the Hunton Retail Resource Blog, on October 20, 2021, a new wave in the fight against “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at both the state and federal level to reign in telemarketing text messages. …
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Court Approves Settlement with HelloFresh Over Alleged TCPA Violations
On October 15, 2021, the U.S. District Court for the District of Massachusetts entered a final order approving a $14 million class action settlement resolving claims against Hello Fresh for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. According to plaintiffs’ attorneys, this settlement is the largest TCPA class action settlement in Massachusetts state history.
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Supreme Court Adopts Narrow Interpretation of ATDS
On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message. …
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FCC Proposes Largest Fine in Its History for Telemarketing Violations
On June 9, 2020, the Federal Communications Commission announced a proposed 225 million dollar fine, the largest in the history of the FCC, against several individuals for telemarketing violations. …
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German BGH Ruling on Consent for Cookies and Third-Party Advertising
On May 29, 2020, the German Federal Court of Justice, Germany’s highest court for civil and criminal matters, issued its ruling on case Planet49 regarding consent requirements for the use of cookies and telemarketing activities. …
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ICO Fines Scottish Company Maximum Amount for Automated Calls
On March 2, 2020, the UK Information Commissioner’s Office fined CRDNN Limited for a breach of the Electronic Communications Regulations due to unsolicited automated direct marketing calls. …
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Good News for TCPA Defendants
The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.
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CNIL Fines French Construction Company for Infringements When Placing Marketing Voice-to-Voice Calls
On November 26, 2019, the French Data Protection Authority announced that it had levied a fine of €500,000 on Futura Internationale for various infringements of the EU General Data Protection Regulation.
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