Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages and unsolicited faxes. The FCC is empowered to issue rules and regulations implementing the TCPA.
Key legal considerations include, without limitation, whether an automatic telephone dialing system (ATDS) or pre-recorded voice is used when making the call, whether the recipient provided prior express written consent, whether the number phoned is a landline or residential line, whether the recipient’s telephone number is registered on a state or federal Do Not Call (DNA) list, whether an exemption from prior express written consent applies and whether consent has been revoked.
Second Circuit Nixes Attempt to “Pick Off” Lead Plaintiff
Earlier this month in the TCPA litigation matter of Lary v. Rexall Sundown, Inc., the Second Circuit Court of Appeals rejected attempts to “pick off” the lead plaintiff, intended to effectively moot class action litigation. The matter involves a nutritional supplement maker and the marketing company that allegedly sent an unauthorized fax on its behalf.…
Read Article...Are You Prepared for the New TCPA Express Consent Rules?
Beginning October 16, 2013, with limited exception, prior express written consent will be required for certain telemarketing calls or text messages, specifically, autodialed and pre-recorded calls to mobile phones, and pre-recorded residential calls. Companies should deliberately review their marketing practices, guidelines, agreements with third party marketers and in-house training processes to ensure compliance with the…
Read Article...Cellular Telephone Considered “Computer” Within the Meaning of the Computer Fraud and Abuse Act
The U.S. Court of Appeals for the Eighth Circuit has ruled that a cellular telephone, even one lacking Internet access, is a “computer” within the meaning of the Computer Fraud and Abuse Act (United States v. Kramer, 8th Cir., No. 10-1983, 2/8/11). According to the Court of Appeals, the Computer Fraud and Abuse Act (“CFAA”) defines the…
Read Article...Mobile Marketing is Not the "Next Big Thing" – It's the Current Game-Changer
The incredible reach of mobile marketing within more traditional marketing campaigns cannot be overstated. The power to leverage the mobile device for marketing purposes is readily apparent when one views the steady increase in the use and integration of mobile marketing over the past year or two by enterprises worldwide. Why is it, then, that despite…
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