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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 12 posts in TCPA Lawsuit.

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 ›

FCC Refuses Mortgage Broker’s Request For TCPA Exemption

Mortgage-servicing calls will still require prior express consent. Read More ›

Professional Plaintiff Lacks Standing To Maintain TCPA Suit

Pennsylvania woman had 35 cell phones to attract calls! Read More ›

Illinois Judge Certifies Enormous TCPA Class Against Yahoo

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

FCC Commissioner Expresses Frustration With Recent TCPA Ruling

Commissioner’s speech hints at more rulings to come Read More ›

Update on ending class actions by “picking off” the lead plaintiff

Seventh Circuit reverses itself Read More ›

Time Warner Must Pay Customer $1500 Per Illegal Call

Total judgment awarded to cable subscriber is $229,500 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 ›
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