Political Campaigns Must Contend with New 10DLC Rules

Tuesday, November 8 is election day in what is shaping up to be a busy midterm election year. That means that political campaigns, and the communications and marketing professionals that they hire, are sending campaign-related text messages in enormous volumes. Political campaign messages are afforded some exemptions and privileges under the Telephone Consumer Protection Act… Continue reading Political Campaigns Must Contend with New 10DLC Rules

$4 Million TCPA Settlement Shows That Text Risks Haven’t Disappeared Completely

A District Court in Florida approved a settlement in a Telephone Consumer Protection Act (TCPA) class action that demonstrates how even the most secure seeming communication channels carry some degree of risk. The defendant will pay $4 million for ATDS violations.

Congress Proposes TCPA Bill That Would Change ATDS Definition

A group of seven Democratic members of the House of Representatives recently introduced a new bill to amend the Telephone Consumer Protection Act (TCPA). The bill is titled the Robotext Scam Prevention Act. Its provisions include: Changing the definition of automatic telephone dialing system (ATDS) such that it no longer includes the key phrase “using… Continue reading Congress Proposes TCPA Bill That Would Change ATDS Definition

Third Circuit Ruling Involves Expansive Autodialer Definition

The Third Circuit Court of Appeals handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) class action that managed to set conflicting precedents on autodialer claims. Ultimately, the court ruled in favor of the defendant in Panzarella v. Navient Solutions, Inc. but the specifics of the ruling could prove influential on future litigation.

Oklahoma Follows Florida’s Lead With a Mini-TCPA of Its Own

On Friday, Oklahoma Governor Kevin Stitt signed the Telephone Solicitation Act of 2022 into law. Much like Florida’s telemarketing law from last year, it turns the existing state telemarketing regulations into something like a mini-Telephone Consumer Protection Act (TCPA). The notable provisions and language closely track the Florida law, including: Prohibiting “a telephonic sales call… Continue reading Oklahoma Follows Florida’s Lead With a Mini-TCPA of Its Own

Is SMS the Safest Marketing Channel? 8 Questions to Minimize Your Risk 

Over the past few months, questions on SMS marketing and TCPA have been some of the most common questions I receive. Today I wanted to share with you 8 questions you must ask yourself to minimize your TPCA risk and maximize your effectiveness with SMS marketing.

Webinar Recap: Facebook: 1 Year Later

Last week we held a webinar, Facebook: 1 Year Later, in which our guests, Eric J. Troutman from TCPAWorld and Squire Patton Boggs and Aaron S. Weiss from Carlton Fields, discussed the implications of the Supreme Court’s decision in Facebook v. Duguid on its first anniversary. Led by Contact Center Compliance’s Director of Compliance Services, Arvell Craig, our panel went through the background of the case and thoroughly dissected how the ruling has been interpreted in lower court decisions over the past year.

March Telemarketing Compliance Roundup

A lot happens in the world of Telephone Consumer Protection Act (TCPA) regulations and it can be easy to miss some important stories. This is a roundup of such stories, making sure that they don’t fall between the cracks of our larger TCPA news coverage. Court Rules that Eye Doctor Can’t Claim 2012 TCPA Healthcare… Continue reading March Telemarketing Compliance Roundup

Court Rules That COVID Vaccine Message Meets TCPA Exemption Requirements

Two years ago, at the beginning of the COVID-19 pandemic, the Federal Communications Commission (FCC) issued a Declaratory Ruling on how calls and texts related to the pandemic could fit within the Telephone Consumer Protection Act’s (TCPA) emergency purposes exemption. The Last month, the Northern District of Texas Court ruled that a text message informing… Continue reading Court Rules That COVID Vaccine Message Meets TCPA Exemption Requirements