Tag: Exemptions

March Grab Bag

We have gathered some notable stories from the past month. Local Government’s Messages Exempt Under Emergency Purposes Exemption The Telephone Consumer Protection Act (TCPA) contains an exemption for calls made for emergency purposes. During the more than two years that various emergency declarations were in effect due to the Covid-19 pandemic, that emergency purposes exemption… Continue reading March Grab Bag

FCC Reconsiders Consent Standards Related to TRACED Act Exemption Review

On December 27, nearly 3 years to the day since the passage of the TRACED Act, the Federal Communications Commission (FCC) continued to tweak the law’s implementation with an Order on Reconsideration and Declaratory Ruling that addressed industry criticism of previous TRACED Act mandated rulings. Namely, it restored the previous standard of consent for calls… Continue reading FCC Reconsiders Consent Standards Related to TRACED Act Exemption Review

Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims

Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits. The Cases In Rowan v. US Dealer… Continue reading Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims

FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare

Late last month, the Department of Health and Human Services (HHS) wrote an open letter to the Federal Communications Commission (FCC) requesting clarification on Telephone Consumer Protection Act (TCPA) rules with regards to healthcare-related messages. Specifically, HHS is inquiring about “text messages and automated, pre-recorded calls [that] would be made to encourage those individuals to… Continue reading FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare

April Compliance News Roundup

The world of marketing compliance is complex and fast-paced. Sometimes important news and developments can be missed. This post collects some of the most important news of the past month that we have not yet covered. Washington Passes New State Telemarketing Amendments On March 31, Washington Governor Jay Inslee signed new amendments into law that… Continue reading April Compliance News Roundup

FTC Moves Forward With Potential Changes to TSR’s B2B Exemption, Other Provisions

At their April 28 open meeting, the Federal Trade Commission (FTC) proposed new rulemaking related to the Telemarketing Sales Rule (TSR) that would extend some of the Rule’s regulations to business-to-business (B2B) calls, impose new recordkeeping rules for callers, impose new regulations for inbound calls, and create requirements for negative option sales calls. The Commission… Continue reading FTC Moves Forward With Potential Changes to TSR’s B2B Exemption, Other Provisions

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