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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 63 posts in TCPA.

Appeals Court Rules One Text Message Not Enough to Support TCPA Claim

Decision Means That Issue of TCPA Standing Is Likely Headed To Supreme Court Read More ›

Online Retailer Wins TCPA Lawsuit Based On Its Online Terms

Consumer not permitted to revoke consent given as part of a transaction Read More ›

FCC To Create Reassigned Phone Number Database

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

Supreme Court To Hear TCPA Fax Case

Is an offer of a free e-book an advertisement? Read More ›

Court Rules Direct Drop or “Ringless” Voicemails Covered by TCPA

First-of-its-kind ruling broadens the reach of the TCPA 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 ›

Checked Box Not Enough To Prove Consent To Receive Text Messages

Online Retailer must go to trial or settle 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 While the FCC petition for clarification as to whether ringless voicemail triggers TCPA obligations was withdrawn, regulation of the practice is by no means clear.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 ›

One Voicemail Enough To Support A Federal Lawsuit

Third Circuit reverses district court and reinstates TCPA lawsuit Read More ›

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