Popular Topics
All Topics
- .Com Disclosure Guide
- 140conf
- 140conf Long Island
- 140confLI
- 47 USC 230
- AAA
- ACI 2017
- Ads
- Advance Registration
- Advertising
- Advertising Agencies
- Advertising Agency
- Advertising Disclosure
- Advertising Industry
- Advertising Injury
- Advertising Law
- Advertising Practice
- advertising self-regulation
- Advertising Self-Regulatory Council
- Advertising Software
- Advertising, Marketing & Promotions News
- Advertorials
- Advisory
- Affiliate Marketing
- Affiliate Program
- AG
- All Natural
- Amazon
- Amazon Silk
- Amazon Tax
- Amazon.com
- Amendments
- American Advertising Federation
- American Bar Association
- Americans with Disabilities Act
- Android
- Annual Audit
- Annual Fee
- anti-fraud
- App Developers
- Apple
- Apps
- Arbitration
- Arbitration Clause
- Arbitration Rules
- Ashley Madison
- ASRC
- AT&T Mobility LLC v. Concepcion
- ATDS
- Attorney
- Attorney General
- Audio Beacons
- Augme
- Auto-dial
- Automatic Renewal
- Automobiles
- BBB AdTruth
- Bead Art Playsets
- Behavioral Advertising
- Best Lawyers
- Blackberry
- Bloggers and Influencers
- Bloomberg BNA
- Brain Training
- Branding
- Brands
- Breach
- Burden of Proof
- Business Law
- Business, Marketing & Promotions News
- Buyers
- California
- California Auto-Renewal Task Force
- California Consumer Privacy Act
- California Department of Alcoholic Beverage Control
- California’s Automatic Renewal Law
- California’s Unfair Competition Law
- Campaigns
- CAN-Spam
- Cancer Fund of America
- cannabis
- Caribbean & Latin American Corporate Counsel Summit 2017
- CARU's Guidelines
- CAS
- Cash prizes
- CASL
- CBBB
- CBD
- Celebrity Images
- Cell Phone Applications
- Cell phones
- CFPB
- CGMP
- Chambers 2017 USA Guide
- Chantal Tode
- Charge Pop-ups
- Charity Fundraising
- Charity Regulators
- Children's Advertising
- Children's Advertising Review Unit (CARU)
- children's marketing
- Children's Privacy
- Civil Penalties
- Class Action
- Class Action Lawsuit
- Class Certification
- Clean Diesel
- Cognitive Claims
- College Athletes
- Colorado
- Commerce Department
- Commercial Advertising
- Commercial Electronic Mail Act (CEMA)
- Communications Decency Act
- compliance
- conference
- Consumer Complaints
- Consumer Complaints List
- Consumer Contracts
- Consumer Data
- Consumer Data Protection Act (“CDPA”)
- Consumer Fraud
- Consumer Fraud Act
- consumer health guidelines
- Consumer Privacy
- Consumer Privacy Bill of Rights
- Consumer Protection
- consumer protection laws
- Consumer Sentinel Network
- Contract
- COPPA
- COPPA FTC Olshan Advertising Marketing Promotions Privacy
- Copyright Act
- Copyright Alert System
- Copyright Infringement
- Copyright Infringement Abroad
- Copyright, Trademark and Other Intellectual Property
- Corporate Law
- Council of Better Business Bureau
- Counterclaims
- Court Decisions
- COVID-19
- Cramming
- Credit Card Payment Surcharges
- Crowdfunding
- Cryptocurrency
- cybersecurity
- D.C. Circuit Court
- Daily Fantasy Sports Contests
- dark patterns
- data breach
- Data Broker
- Data Collection Practices
- Data Protection
- Data Security
- Data Transfers
- Debt collectors
- Deceptive Advertising
- Deceptive Pricing
- Deceptive Tracking
- Department of Commerce
- Department of Labor
- Department of Labor (DOL)
- dietary supplements
- Digital
- Digital Advertising
- Digital Media
- Direct listings
- Direct Marketers
- Direct marketing programs
- Direct response marketing
- DirectTV
- Disclosure
- Disclosure Obligations
- Disclosure Rules
- Discounts
- DMA
- DMCA
- Do Not Call
- Do Not Track
- DOJ
- Domain Extensions
- Domino's Pizza
- Dot Com Disclosures
- DPPA
- DraftKings
- Drawing By Chance
- Ecommerce
- Elder Abuse Prevention and Prosecution Act
- Emissions Testing
- endorsement
- Enforcement Action
- Enhanced Ads
- Entry Fee
- EPA
- Epic
- Ethics
- EU Commission
- EU-US Privacy Shield
- European Commission
- European Court of Justice (ECJ)
- European Union
- European Union registration holders
- European Union Trademark
- Exchange listing
- Ezor
- Factory outlets
- Fair Credit Reporting Act (FCRA)
- Fair Debt Collections Practices Act
- Fair Information Practice Principles
- Fair Labor Standards Act
- false advertisement
- False Advertising
- FanDuel
- Fantasy Contests Act
- Fantasy Sports
- Fantasy Sports Operators
- Farm Bill
- fashion law
- Fax broadcsters
- Faxes
- FCC
- FCC Developments
- FCC Solicited Fax Rule
- FDA
- FDCA
- Federal Laws & Regulations
- Federal Overtime Regulations
- Federal Trade Commission
- Final Rule
- FIPP
- First Amendment
- Fit Products
- Fit Tea
- Florida
- Force Majeure
- Fraud
- FTC
- FTC Act
- FTC Chair
- FTC Guidance
- FTC restitution
- FTC’s Jewelry Guides
- Gambling
- Gambling Laws
- Game Promotions
- GDPR
- General Data Protection Regulation
- Geo-targeted Advertising
- Georgia
- government sanctions
- Guide
- HARO
- Health-related Mobile Apps
- Health-related Products
- Healthy
- HIPAA
- History Sniffing
- HitPath
- Homestead Laws
- HTC
- Hurricane
- IAB
- ICANN
- illegal content
- Illegal Gambling
- Illinois
- IMDb
- Influencer Marketing
- Injury in Fact
- Insider Trading
- Inspection Resources
- Insurance Company
- Insurance Coverage
- INTA
- Intellectual Property
- internet
- Internet and Privacy Law
- iOS
- Iowa
- IP Awareness Assessment Tool
- IPOs
- Jeff Pulver
- Jewelry
- JOLT
- Jurisdiction
- Kindle Fire
- Lanham Act
- Law
- Law Enforcement
- Law Review Article
- law school
- Laws
- lawsuit
- Leading Lawyers
- Lee Bogner
- Legal 500 United States 2017
- Legislation
- letter of consent
- Licensing Fees
- Lily Robotics
- List managers
- Litigation
- Lumosity
- Lumosity ads
- Lumosity games
- Lustigman Firm
- Luxury Daily
- made in the usa
- Magazine publishers
- Mail Order Sales Rule
- Manufacture
- Manufacturer’s Suggested Retail Price (“MSRP”)
- Marden-Kane
- Marketing
- Marketing & Promotions News
- Marketing and Advertising Law
- Marketshare
- Mass texts
- Material Disclosures
- Mc Donalds
- Media and Entertainment
- Media Companies
- Microsoft
- MLM
- Mobile Financial Services
- Mobile In-app Charges
- Mobile Marketer
- Mobile Marketing
- Mobile Payment Systems
- Mobile Payment Systems Security Programs
- Mortgage Bankers Association
- Mortgage Investors
- NAD
- NARB
- Native Advertising
- Native Advertising Guidelines
- Nautilus, Inc.
- NCAA
- Network Advertising Initiative
- New Jersey
- New Jersey Supreme Court
- New York
- New York Law Journal
- New York SHIELD Act
- New York’s Automatic Renewal Law
- NFT
- NIL
- Nomi
- Non-Commercial Calls
- Non-profit Organization
- Notice
- Nutrient Content
- NY Attorney General
- objective consumer harm
- Off-label Prescriptions
- Office for Civil Rights (OCR)
- Office of Foreign Assets Control (OFAC)
- Office of National Coordinator for Health Information Technology (ONC)
- Ohio
- Oklahoma
- Olshan
- Olshan Grundman
- Olshan News
- Online Advertising
- Online Apps
- Online Cancellation
- Online Contracts
- Online Discount Pricing
- Online Entertainment Co
- Online Retail
- Online Reviews
- Online Tracking
- Online travel agencies
- Overstock
- Paid Advertising
- Paid Promotions
- pandemic
- Patents
- Payment Methods
- Penny Auction
- Performance Marketing
- Personally Identifiable Information
- Pet Care
- Peter Shankman
- Pharmaceutical Advertising
- Pharmaceutical Manufacturers
- pre-orders
- Pre-recorded Message
- Price Match Guarantee
- Pricing Guides
- Pricing Practices
- Privacy
- Privacy Act
- Privacy Policy
- Privacy Practices
- Privacy Shield
- Pro-Consumer
- Products
- Professional Association for Customer Engagement (PACE)
- Promotion
- Promotions
- Proposed Rulemaking
- Public Database
- Publication of Age
- Publisher Magazine
- Q&A
- RCT Requirements
- Real Estate
- Real-estate-advertising
- Reasonableness
- Registration
- Regulations
- Resale Value
- Resignation
- Restrictions
- retail
- Retail Stores
- Revisions
- Risk
- Robocalls
- Roundtable
- Safe Harbor
- Sales
- Sales Practices
- Sales Tax
- Sandy
- SDNY
- SEC
- SEC disclosure
- SEC disgorgement
- SEC Form 10
- Section 17600 of the Business and Professions Code
- Securities Act of 1933
- Securities Act Section 17(b)
- Securities Exchange Act of 1934
- self-regulatory
- Sellers
- Service-Mark Infringement
- Settlement
- Sex Offenders
- SilverPush Apps
- Skill Contest
- Skin Care Products
- Smartphone
- Social Media
- Social Media Accounts
- Social Media Marketing
- Social Media Posts
- Social Networking
- South Dakota
- Southern District of Florida
- Spam
- Special Olympics
- Spotify
- Staff Reshuffling
- State Law
- Statute of Limitations
- Subscribers' privacy rights
- Subscription Arrangements
- substantiation rules
- Super Lawyers
- Supreme Court
- Sweeping
- Sweepstakes Law
- Sweeptstakes Contest
- symposium
- Tasty
- TCCWNA
- TCPA
- TCPA Appeals
- TCPA Claim
- TCPA Class Actions
- TCPA Lawsuit
- TCPA Liability
- TCPA Regulation
- TCPA Ruling
- TCPA Violation
- Tech Companies
- Tech Day New York 2017
- Telecom Law
- Telemarketers
- Telemarketing
- Telemarketing Calls
- Telemarketing Law
- Telemarketing Sales Rule (TSR)
- Telephone Consumer Act
- Terms & Conditions
- Text Message Ads
- Text Messages
- Text Messengers
- Textile Fiber Products Identification Act
- The 2017 ANA/BAA 39th Marketing Law Conference: Breakthrough: Legal Strategies for Dynamic Businesses
- The Americans with Disabilities Act
- The Electronic Retailing Self-Regulation Program
- The Kardashians
- The Pennsylvania Record
- Third Circuit Court
- Throttling
- Top Ten Complaints
- Trademark Clearinghouse
- Trademark Protection
- Trademark Rights
- Trademarks
- Transactions
- Transnational Criminal Organization (TCO
- Truth-in-Consumer Contract, Warranty & Notice Act
- U.S. Patent and Trademark Office
- Unauthorized Data
- United Kingdom
- Unsolicited Advertisement
- Unsubscribe Act of 2019
- US Supreme Court
- Use Tax
- Velti
- Vermont
- Vermont House Bill 593
- Vicarious Liability
- Violations
- virtual reality
- Wal-Mart v. Dukes
- Warning Letter
- Washington D.C.
- Washington Law
- Washington’s Consumer Protection Act
- WBO
- Web Agreements
- Web Browsers
- webinar
- webOS
- Websites
- Western District of Washington
- White House
- World Boxing Organization
- World Trademark Review
Recent Posts
- Alleged Creator of Fake Reviews Sued in Federal Court
- Data Entry Error on Phone Number Blocks Class Certification
- Intellectual Property Owners Beware: Russia Threatens The Established Order On Trademark And Patent Rights
- Class Action Moves Ahead Over Dogecoin Sweepstakes
- Andrew Lustigman and Morgan Spina Serve as Panelists on CLE Webinar on Ecommerce Marketing
- Supreme Court OKs TCPA Lawsuits Covering 2015-2020 Despite Constitutional Issue
- Olshan's Brand Management & Protection Attorneys Present Webinar on Understanding U.S. Trademark Registrations
- Bloomberg Law Quotes Mary Grieco on Russian IP Concerns
- FTC Once Again Focuses on Earnings Claims
- Robert Appleton Serves as Panelist on Russia’s Invasion of Ukraine and Impact on the Luxury Market
Archives
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- October 2021
- September 2021
- August 2021
- July 2021
Contact Us
212.451.2258
FCC Rulings Create Greater Legal Exposure for Marketers
CLIENT ALERT
Marketers who communicate with consumers on mobile devices and smart phones must stay current with the FCC's new rulings.
The Telephone Consumer Protection Act (“TCPA”) continues to be the bane of marketers who seek to interact with consumers on mobile devices. This is particularly true because plaintiffs’ attorneys heavily exploit the TCPA’s onerous and confusing provisions to file class-action lawsuits. One plaintiffs’ firm has gone so far as to create an App to document allegedly improper communications to mobile devices.
To help obtain clarity and perhaps some sense of normalcy with respect to the rapidly changing use of technology, numerous parties have filed petitions with the Federal Communications Commission (“FCC”). On June 18, 2015, the FCC issued a press release announcing a package of rulings that addresses twenty-one pending petitions. Unfortunately for marketers, the FCC’s rulings will make compliance with the TCPA even more challenging and exposure to class actions even greater.
Here are the highlights of the new FCC rulings:
Call Blocking. Previously, telephone companies claimed that call-blocking technology was inconsistent with FCC call completion regulations. Now, the FCC has clarified that telephone companies are empowered to offer “do not disturb” technology to consumers that will block pre-recorded voice/ robocalls. It remains to be seen, however, to what extent telephone companies are willing to offer such services.
Revocation of Consent. The FCC clarified that consumers have the right to revoke their permission to receive robocalls and texts in any reasonable way at any time. This is true even if the consumer had previously given prior express consent.
Phone Number Reassignment. If a phone number is reassigned to a new user who has not consented to be called, companies must stop calling after one call. Thus, if there was prior consent from the prior holder of the number, that consent precludes liability for the first call. To be clear, the FCC is saying that there is potential liability for any subsequent calls after the first one.
Text Messages as Calls. The FCC reaffirmed that the same level of consent is required for texts as for voice calls to wireless numbers.
App Contacts. The FCC ruled that a consumer whose name appears in the contacts list of an acquaintance’s phone has not consented to receive texts or calls from third-party apps downloaded by the acquaintance.
Autodialers. For courts that are struggling to determine whether new technology falls under the 24 year-old definition of an autodialer, the FCC took a strict interpretation of the term, clarifying that an autodialer is any technology that has the capacity to dial random or sequential numbers. Accordingly, TCPA restrictions apply even if the dialer is used to dial a pre-assigned list of numbers. Furthermore, the FCC clarified that equipment used to send Internet-to-phone text messages is also an autodialer.
Urgent Non-Marketing Calls. The FCC confirmed that calls or texts are allowed – without prior express consent, and so long as the called party is not charged – to alert consumers about possible fraud on their bank accounts, remind them of medication refills, and provide other financial and healthcare related notifications.
As a result of the FCC’s rulings, marketers who communicate with consumers on mobile devices and smart phones must stay current with these new rulings. Before making communications covered by the TCPA, marketers must be sure that they have the proper and sufficient consent before engaging in any contact. Otherwise, there is the potential for significant financial exposure given the burgeoning plaintiffs' bar in this space.
For more information about the FCC’s TCPA rulings, please feel free to contact the Olshan attorney with whom you regularly work or Andrew Lustigman or Scott Shaffer to discuss any of these matters.