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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 26 posts in Telemarketing.

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.”

COVID-19-Related Telemarketing Developments

We continue to monitor the effects of the COVID-19 pandemic on telemarketing regulations. The FCC has allowed health care providers to place emergency automated calls and text messages related to COVID-19, but three states have seen new telemarketing restrictions triggered by state-of-emergency declarations. Meanwhile, California is considering changes to its telemarketing statute unrelated to the pandemic. The following summarizes these recent developments: Read More ›

Telemarketing Restrictions During a State of Emergency

With the federal government and most states under a state of emergency due to the COVID-19 pandemic, telemarketers should be aware of laws that restrict telemarketing calls during a state of emergency.   Read More ›

New York Governor Signs Nuisance Call Act into Law

New York has just passed legislation that has the capacity to be one of the most onerous telemarketing compliance laws. The legislation may potentially impact telemarketers’ outbound calling and data sharing practices. Read More ›

FTC Amends Telemarketing Sales Rule

Payment methods, Verification, Do Not Call provisions among those modified Read More ›

Telemarketer avoids TCPA liability by working with Special Olympics

Magazine subscription program defeats Do Not Call lawsuit Read More ›

Business Sues Telemarketer In Wake Of Costly Class Action

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

Recent legal developments serve as a cautionary tale to businesses using telemarketing

Andrew Lustigman and Scott Shaffer Discuss TCPA Lawsuits and Implications on Telemarketers in new Inside Counsel article. Read More ›

Sprint Agrees To Record FCC Fine For Do-Not-Call Violations

Sprint also agrees to preventative measures. Read More ›

Andrew Lustigman to Speak on City Bar CLE Panel on Sweepstakes, Promotions and Marketing

Andrew Lustigman will Speak on City Bar CLE Panel on Sweepstakes, Promotions and Marketing on May 16, 2014. Read More ›

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