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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Showing 39 posts in Telemarketing Law.

Telemarketer avoids TCPA liability by working with Special Olympics

Magazine subscription program defeats Do Not Call lawsuit Read More ›

Business Sues Telemarketer In Wake Of Costly Class Action

Telemarketer’s Do Not Call Violations Cost Business $6 Million Read More ›

Recent legal developments serve as a cautionary tale to businesses using telemarketing

Andrew Lustigman and Scott Shaffer Discuss TCPA Lawsuits and Implications on Telemarketers in new Inside Counsel article. Read More ›

Second Circuit Falls In Line With Precedent Allowing Federal TCPA Class Actions

We blogged about how the Sixth Circuit Court of Appeals opened the door for Telephone Consumer Protection Act (TCPA) class actions in Michigan by ruling that state prohibitions on class actions had no effect on federal lawsuits. Read More ›

Florida Class Action Avoided By Picking Off Plaintiff

In Keim v. ADF MidAtlantic, LLC, decided on July 15, 2013 in the Southern District of Florida, the defendants were allowed to moot the threat of a class action by paying the plaintiff everything he demanded on his individual claim. Read More ›

Florida Judge Again Disregards FCC Interpretation Of TCPA

In Luskin v. Seminole Comedy, Inc., decided on June 19, 2013 in the Southern District of Florida, Judge Robert Scola denied a motion to dismiss a case concerning text messages, even though the plaintiff had provided his telephone number to the text sender. Read More ›

FTC Obtains $7.5 Million Settlement in Do Not Call Case

In United States vs. Mortgage Investors Corp. of Ohio, filed in the Middle District of Florida on June 25, 2013, a home loan refinancing company agreed to pay a $7.5 million civil penalty for allegedly violating Do Not Call provisions of the Telemarketing Sales Rule (TSR). Read More ›

Court Disregards FCC Interpretation Of TCPA

In Mais v. Gulf Coast Collection Bureau, decided on May 8, 2013, in the Southern District of Florida, the court awarded the plaintiff $7500 for fifteen calls to his cell phone made by a debt collector. Read More ›

Reminder: TCPA Changes Are Coming - Express Written Consent Required For All Pre-Recorded Telemarketing Calls

As a reminder, last year the FCC revised its rules for auto-dialed calls to completely eliminate the established business relationship (EBR) exemption for calls to landline numbers. The new regulations go into effect on October 16, 2013. Read More ›

FTC Seeks To Narrow Telemarketing Sales Rule

The FTC has proposed new amendments to the Telemarketing Sales Rule. Importantly, the proposed changes would bar non-traditional payment mechanisms such as remotely created checks. The proposed rules also clarify other provisions of the Rule. Read More ›