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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 68 posts in TCPA.

Law360 Publishes Article by Scott Shaffer on Recent TCPA Rulings that Benefit Companies Facing Robocall Claims

Law360 has published an article authored by advertising partner Scott Shaffer entitled “Charter TCPA Ruling May Benefit Cos. Facing Robocall Claims.” In the article, Mr. Shaffer analyzes a recent ruling, Creasy v. Charter Communications Inc., which held that a significant portion of the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020. Read More ›

Federal Trial Court Rules Against Enforcement of TCPA Claims from 2015-2020

Ruling could have broad implications on thousands of pending cases

A federal district court has ruled that the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020. The trial court in Creasy v. Charter Communications, in the Eastern District of Louisiana on September 28, 2020, dismissed all asserted TCPA violations alleged to have occurred before July 6, 2020 because a portion of the TCPA was unconstitutional until the Supreme Court “fixed” it on that date. Read More ›

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 ›

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