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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 37 posts in FCC.

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 ›

41 States Commit To Working With FCC Against Robocalls

Source: NAAG Press Release

The National Association of Attorneys General (“NAAG”) sent a letter to the Federal Communications Commission (“FCC”) on behalf of 41 states’ attorneys general commending the FCC for its leadership in combatting robocalls and sharing their commitment to working collaboratively with the FCC via information-sharing agreements. The lead states in this effort are Colorado, Tennessee and North Carolina. Read More ›

FCC Issues $225 Million Fine to Robocallers

One billion spoofed calls touted short-term health insurance Read More ›

Luxury Daily Publishes Article by Safia Anand on What Brands, Advertisers and Influencers Can Learn From #FyreFestival

Olshan Counsel, Safia Anand, published an article entitled “What Brands, Advertisers and Influencers can Learn from #FyreFestival” in the Luxury Daily, addressing the failed music festival Fyre Festival and the social media implications.  Read More ›

FCC To Create Reassigned Phone Number Database

But Don’t Expect the Database Until 2020 at the Earliest Read More ›

Federal Appeals Court Strikes Down Two FCC Provisions Relating to Automated Calls and Texts

Companies that communicate with consumers through autodialed telephone calls or mass text messages should be aware that a federal appeals court has just struck down two key, pro-plaintiff Federal Communications Commission (“FCC”) interpretations of the Telephone Consumer Protection Act (“TCPA”). Although the ruling did not provide clear limits to what marketers can and cannot do, it certainly provides marketers and debt collectors with important tools that should make life more difficult for class-action plaintiffs. Read More ›

FCC Supreme Court Filing Supports Limiting of FCC’s Own Regulation

Supreme Court considering solicited fax rule for faxed advertisements Read More ›

New Jersey Seeks to Prohibit Telemarketing Calls that Deliver Voicemail without Customer’s Telephone First Ringing

With the decline in available means to contact consumers by phone, ringless voicemail is an increasingly popular marketing technique. While the FCC petition for clarification as to whether ringless voicemail triggers TCPA obligations was withdrawn, regulation of the practice is by no means clear.  Read More ›

Flu Shot Text Message Reminder Did Not Violate TCPA

Hospital had compliant consent language on its consent forms Read More ›

FCC Proposes Stricter Anti Slamming and Cramming Rules

The Federal Communications Commission (FCC) is seeking comments on proposed rules regarding carrier phone changes and charges for additional services. Read More ›

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