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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 10 posts in Do Not Call.
Ninth Circuit Issues Pro-Plaintiff Ruling in Do-Not-Call Suit
Dual-purpose phones can qualify as “residential” numbers to support a TCPA action
The Telephone Consumer Protection Act (“TCPA”) and its regulations prohibit calls and text messages to residential telephone subscribers who have registered their phone numbers on the national do-not-call list maintained by the federal government. While business lines are not eligible to be registered on the national do-not-call list, in practice there is nothing that bars such registration. As a result, TCPA litigation sometimes requires a determination as to whether a phone line is used for residential or business purposes. This issue arises more frequently in the current gig-economy era, because many cell phone owners use their devices for both personal and business purposes. Read More ›
FTC Amends Telemarketing Sales Rule
Payment methods, Verification, Do Not Call provisions among those modified Read More ›
Telemarketer avoids TCPA liability by working with Special Olympics
Magazine subscription program defeats Do Not Call lawsuit Read More ›
Time Warner Must Pay Customer $1500 Per Illegal Call
Total judgment awarded to cable subscriber is $229,500 Read More ›
Business Sues Telemarketer In Wake Of Costly Class Action
Telemarketer’s Do Not Call Violations Cost Business $6 Million Read More ›
Drastic Anti-Texting Law Takes Effect in Connecticut; New Jersey Also Under Consideration
New law calls for penalties of up to $20,000 per violation. Read More ›
Sprint Agrees To Record FCC Fine For Do-Not-Call Violations
Sprint also agrees to preventative measures. Read More ›
Must Use Due Diligence When Buy From Lead Generators
Companies that use lead generators must exercise due diligence when they buy lists of phone numbers. 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 ›
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 ›