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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 66 posts in TCPA.

Supreme Court to Determine What Constitutes an Automated Telephone Dialing System

Authored by Scott Shaffer and summer associate Christian Villatoro

Read More ›

Lustigman, Grieco, Shaffer, and Spina Contribute Four Guidance Notes on Direct Marketing in OneTrust DataGuidance

Advertising, Marketing & Promotions practice chair Andrew Lustigman, Intellectual Property/Privacy partner Mary Grieco, AMP partner Scott Shaffer, and associate Morgan Spina authored four Guidance Notes on direct marketing in California recently published in the prestigious OneTrust DataGuidance (subscription required). The first, entitled “California – Emarketing,” covers both the state and federal legislation, as well as regulatory guidance from the Federal Trade Commission, concerning emarketing. In the second, “California – Telemarketing,” the authors examine the numerous pieces of state and federal legislation governing telemarketing, including the “Automatic Dialing Law” and the “Unwanted Calls Law.” The third, entitled “California – SMS/MMS Marketing,” discusses various state and federal laws on SMS/MMS, including the Telephone Consumer Protection Act, and the consent requirements that advertisers must follow when using these services. In the fourth, “California – Postal Marketing,” the authors explore various state and federal laws on postal marketing, such as California’s “Mail Solicitation Law” and the federal “Deceptive Mail Act.”

Eleventh Circuit Limits TCPA Definition Of Autodialer

Ruling Is A Setback for TCPA Plaintiffs Read More ›

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 ›

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