In recent months, multiple notable Telephone Consumer Protect Act (TCPA) court decisions have hinged on questions of arbitrability and the enforcement of mandatory arbitration clauses. These clauses are a valuable method of defense for callers and TCPA defendants, but they are not a simple, end-all-be-all solution. They are a complex legal defense strategy and a topic of considerable depth and nuance.
Tag: TCPA
Ninth Circuit Rules That Screen Recording Technology May Constitute Wiretapping
A recent ruling by the Ninth Circuit Court of Appeals in a California Invasion of Privacy Act (CIPA) class action classified a screen recording technology as potentially being an illegal form of wiretapping, with deleterious possible effects for widely used Telephone Consumer Protection Act (TCPA) compliance efforts.
Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
Contact Center Compliance’s most recent webinar—Berman, Wrong Numbers, & Arbitration—covered a wide variety of important topics in the world of Telephone Consumer Protection Act (TCPA) compliance. Our guest, the esteemed Eric J. Troutman from TCPAWorld and the Troutman Firm, discussed these topics with Contact Center Compliance’s Director of Compliance Services, Arvell Craig. Arvell and Eric… Continue reading Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
Ninth Circuit Ruling on Online Disclosure Form Could Set Dangerous Precedent for Leads Industry
A Ninth Circuit decision from last month is already serving as a precedent for Telephone Consumer Protection Act (TCPA) cases that center on online disclosure forms. It demonstrates how courts could use inadequate webform design to undermine otherwise valid arbitration agreements.
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
New Crowdsourced Litigator List at StopLitigators.com Is Compiling TCPA Demand Letters
StopLitigators.com is a new, free, crowdsourced database of Telephone Consumer Protection Act (TCPA) litigators compiled from demand letters submitted by industry users. StopLitigators.com is offering free access to check phone numbers against the database in exchange for signing up. Marketers can sign up at StopLitigators.com, submit their demand letters and lawsuits to the crowdsourced litigator… Continue reading New Crowdsourced Litigator List at StopLitigators.com Is Compiling TCPA Demand Letters
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