Episode 19 is now live. In this episode of Consumer Counterpoint, we discuss a trend of TCPA cases involving violations based on numbers that have been reassigned or were incorrectly input at the consent stage such that there may not be prior express consent from the recipient of the call or text. This episode explores both
Consumer Counterpoint: Episode 15 – Washington Commercial Electronic Mail Act
Episode 15 is now live. In this episode of Consumer Counterpoint, Seyfarth Shaw attorneys Kristine Argentine and Paul Yovanic explore the Washington Commercial Electronic Mail Act, highlighting recent statutory changes and emerging litigation trends.
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Consumer Counterpoint: Episode 11 – Update – Texas Mini-TCPA Registration Requirements
Episode 11 is now live. In a previous episode, we discussed the Texas amendments to its mini-TCPA statute that went into effect in 2025. This episode provides an update related to the registration requirements under that statute and the clarifications provided by the Texas Office of Attorney General and Secretary of State on certain types
Consumer Counterpoint: Episode 10 – TCPA Quiet Hours
Episode 10 is now live. This Episode discusses the “Quiet Hours” provision of the TCPA and the viability of a claim where prior express written consent was obtained from the consumer. It also discusses the wave of cases making such allegations and state statutes that also contain “Quiet Hours” restrictions.
Consumer Counterpoint: Episode 4 – Telephone Consumer Protection Act
Episode 4 is now live. In this episode of Consumer Counterpoint, we discuss the recent Supreme Court decision in McLaughlin Chiropractic Associates v. McKesson Corporation and the district courts that are reassessing the statutory interpretation of certain TCPA provisions where the previously accepted interpretations came from FCC Orders.
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