Consumer Counterpoint: Episode 2 – Update to the Texas Telemarketing Laws
Episode 2 is now live. Episode two covers the very recent amendments to Texas’ telemarketing laws which became effective September 1. In the episode we discuss the increasing frequency with which states are amending their telemarketing laws to include requirements that are more aligned with or stricter than the TCPA and to add a private right…
Seyfarth’s Advertising & Marketing Group to Present ANA Webinar
On Tuesday, June 13 at 1:00 p.m. Eastern, Seyfarth attorneys Kristine Argentine, John Tomaszewski, and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.”
This presentation will cover the recent surge in consumer class actions, compliance considerations, and recent developments…
Mini-TCPAs Start to Take Center Stage
After years of litigation in federal courts across the country over purported Telephone Consumer Protect Act (TCPA) violations, there has been a recent shift in focus to what is known as mini-TCPAs being enacted by state legislatures which seek to regulate intrastate telemarketing communications. In particular, dozens of putative class actions have been filed over…
FCC Imposes New Limits on TCPA Exemptions Affecting Residential Landline Calls
The Telephone Consumer Protection Act (TCPA) generally restricts making certain non-emergency calls
to cellular phones and landlines, among other things, without the called party’s consent. However, the Federal Communications Commission (FCC) has created a number of exemptions on which business have come to rely. A new FCC Order significantly limits those exemptions.
Background
The TCPA…
Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives
It is not atypical for class actions to be brought seeking damages that can be characterized as nominal
in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class action is the promise of an incentive payment or award, paid to the class representative out of a class…
Webinar Recap! Desperately Seeking Post-COVID Sales?
Don’t Forget About the TCPA and the CAN-SPAM Act When Designing Your Marketing Communications Strategy
Seyfarth attorneys Jordan Vick, Robert Milligan, and Bart Lazar provided a back-to-basics primer on TCPA and CAN-SPAM rules and penalties regarding text, calls, and emails, plus helpful best practices with respect to using third-party vendors and externally sourced marketing lists.…
It’s Time for the Main Event: How the Reinforced TCPA May Play a Pivotal Role in the 2020 Elections
With the Supreme Court recently upholding the constitutionality of the Telephone Consumer Protection Act (“TCPA”), political campaigns, PACs, and grassroots GOTV organizations now know the tools by
which they will be allowed to go to battle as it relates to the use of text messaging to get out the vote, raise awareness and raise funds.…
A Fractured Supreme Court Strikes Down and Severs the TCPA’s Government Debt Exemption, Leaving the Rest of the Statute Intact
Yesterday, a divided Supreme Court issued a plurality opinion in Barr v. American Association of Political
Consultants, Inc. (“Political Consultants”) striking down and severing a 2015 amendment to the TCPA, which exempts government debt collection calls (“government debt exemption”) from the statute’s general prohibition on calls to cell phones (“cell phone ban”). The…
Post-Pandemic Litigation Webinar Series
From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time.
To help navigate the litigation landscape, we are kicking off a webinar…