On May 19, 2014, the Federal Communications Commission announced that Sprint Corporation agreed to pay $7.5 million to settle an FCC Enforcement Bureau investigation stemming from allegations that the company failed to honor consumers’ requests to opt out of telemarketing calls and texts. Sprint also agreed to implement a two-year plan to help ensure future compliance with Do-Not-Call registry rules.
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Revised FCC Telephone and Text Marketing Rules Become Effective October 16, 2013
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On October 16, 2013, the Federal Communications Commission’s new Telephone Consumer Protection Act rules come into effect. Among other revisions, business will now need to obtain “express written consent” prior to advertising or telemarketing through autodialed calls or texts or prerecorded calls to consumers’ mobile numbers. Violations of the new rules may result in substantial fines and statutory damages.
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UK ICO Launches 2012/13 Annual Report
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On June 20, 2013, the UK Information Commissioner’s Office launched its Annual Report and Financial Statements for 2012/13.
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UK ICO Fines Company GBP 90,000 for Nuisance Calls
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On March 20, 2012, the UK Information Commissioner’s Office announced that it has issued a monetary penalty of GBP 90,000 against DM Design Bedrooms Ltd. for making thousands of unwanted marketing calls. More penalties are likely in the coming weeks.
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UK ICO Releases Cookies Enforcement Report
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On December 18, 2012, the Information Commissioner’s Office (“ICO”) released an enforcement report (the “Report”) on the extent of compliance with recent changes to UK law governing the use of cookies (The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011). The ICO previously issued an interim report on organizations’ attempts to achieve compliance, in which it concluded that organizations “must try harder” with their cookie compliance efforts.
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FCC Issues Declaratory Ruling on Opt-Out Confirmation Text Messages
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Posted in Marketing, U.S. Federal Law
Certain text messages that confirm consumers’ opt-out requests do not violate the Telephone Consumer Protection Act or FCC regulations, according to an FCC declaratory ruling issued November 29, 2012.
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UK ICO Fines Spammers Nearly Half Million Pounds
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On November 28, 2012, the UK Information Commissioner’s Office issued monetary penalties totaling 440,000 GBP to two owners of a marketing company that sent millions of unlawful spam SMS text messages over a period of three years.
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Court Certifies Class in Text Message Suit Against Papa John’s
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Posted in Information Security, Marketing
On November 9, 2012, a federal District Court in Washington certified a national class and a Washington state sub-class in a class action suit alleging that Papa John’s International, Inc. violated the Telephone Consumer Protection Act.
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Court Finds Citibank Opt-Out Confirmation Text Does Not Violate TCPA
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On October 30, 2012, a federal court in California ruled that sending an opt-out confirmation text did not violate the Telephone Consumer Protection Act.
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Divergent Results for Class Action Text Message Spam Suits
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Posted in Marketing, U.S. Federal Law
In recent months we have seen a dismissal and two settlements in class action suits alleging violations of the Telephone Consumer Protection Act by companies that used text messaging as part of advertising campaigns.
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