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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 19 posts in TCPA Class Actions.

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 ›

Data Entry Error on Phone Number Blocks Class Certification

TCPA liability reduced to $500 for Gold’s Gym

A recent ruling out of the Central District of California will prove to be very useful for telemarketers faced with class actions under the Telephone Consumer Protection Act (“TCPA”). In Bustillos v. West Covina Corporate Fitness, Inc., United States District Judge Stanley Blumenfeld, Jr. denied an order seeking class certification where it was clear that the call in question violated the TCPA. Read More ›

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 ›

Checked Box Not Enough To Prove Consent To Receive Text Messages

Online Retailer must go to trial or settle Read More ›

Class Decertified in TCPA Junk Fax Case

Issue of Ascertainability Blocks Plaintiff From Proceeding On Class Basis Read More ›

Illinois Judge Certifies Enormous TCPA Class Against Yahoo

Yahoo facing liability to half a million text message recipients Read More ›

FCC Rulings Create Greater Legal Exposure for Marketers

CLIENT ALERT

Marketers who communicate with consumers on mobile devices and smart phones must stay current with the FCC's new rulings. 

Read More ›

Business Sues Telemarketer In Wake Of Costly Class Action

Telemarketer’s Do Not Call Violations Cost Business $6 Million Read More ›

FCC Chairman Looking To Strengthen TCPA, Rule On Backlogged Petitions

FCC schedules a vote on the commissioner’s proposals for June 18th. Read More ›

Supreme Court To Consider An Appeal That Could Greatly Impact TCPA Litigation

Oral arguments scheduled for October; Decision likely in 2016 Read More ›

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