Eleventh Circuit Rules that One Text Message Is Sufficient for Standing

Last month, the Eleventh Circuit issued a ruling in Drazen v. Pinto that overturned a lower court decision and set a precedent that the receipt of a single, unwanted text message constitutes sufficient harm to confer Article III standing. This is the latest twist in the long journey of this class action and represents another… Continue reading Eleventh Circuit Rules that One Text Message Is Sufficient for Standing

What to Know About Calling In Florida

Florida Governor Ron DeSantis signed amendments to the Florida Telephone Solicitation Act (FTSA) on May 26. As we have covered previously, these amendments greatly reduce the risks of the FTSA for callers. But the amendments do not create a free-for-all for marketers. There are still rules to follow and there are still risks to heed.… Continue reading What to Know About Calling In Florida

Webinar Recap – FTSA Amendments

We recently hosted a webinar titled FTSA De-Fanged? Everything You Need to Know RIGHT NOW About the Amendments to Florida’s Dreaded Mini-TCPA. The webinar featured a panel of Eric J. Troutman, Partner at Troutman Amin, LLP; Jenniffer Cabrera, Associate at Troutman Amin, LLP; Aaron S. Weiss, Partner at Carlton Fields; and the host, Isaac Shloss,… Continue reading Webinar Recap – FTSA Amendments

Florida Legislature Amends FTSA, Greatly Reducing Danger of ATDS Claims

The Florida legislature has passed major amendments to the state’s main piece of telemarketing regulations, the Florida Telephone Solicitation Act (FTSA). The amednments undo many of the effects of the 2021 FTSA amendments that had turned it into one of the most dangerous state-level telemarketing statutes in the nation. The most notable change in these… Continue reading Florida Legislature Amends FTSA, Greatly Reducing Danger of ATDS Claims

TCPA Class Action Against L’Oréal Centers on Opt-Outs

This week, a plaintiff filed a Telephone Consumer Protection Act (TCPA) class action against cosmetics giant L’Oréal. The complaint alleges that the defendant failed to heed opt out requests and continued to send the plaintiff text messages. The plaintiff in Gilburd v. L’Oréal alleges that she received marketing text messages from L’Oréal and, at some… Continue reading TCPA Class Action Against L’Oréal Centers on Opt-Outs

Compliance Refresher: Calling Florida and Oklahoma

State-level telemarketing laws are nothing new. In fact, many states’ laws predate the federal Do Not Call (DNC) Registry and Telephone Consumer Protection Act (TCPA). But level of risk associated with state telemarketing regulations has increased precipitously in recent years, particularly in Florida and Oklahoma.

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

Webinar Recap: The FCC’s NPRM – What’s Next?

We recently broadcast a webinar titled The FCC’s NPRM – What’s Next? Our host, Contact Center Compliance’s Chief Product Officer Isaac Shloss, and our guest, MacMurray & Shuster Partner Michele Shuster, discussed the Federal Communications Commission’s (FCC) ongoing process of implementing its Notice of Proposed Rulemaking (NPRM) on lead generation and text messaging. This follows our… Continue reading Webinar Recap: The FCC’s NPRM – What’s Next?

Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook

The Supreme Court’s decision in Facebook v. Duguid changed many aspects of Telephone Consumer Protection Act (TCPA) compliance. Since the calls at issue in that case were triggered text messages, the effects of those changes are particularly significant for text message marketing. However, while the decision may have lessened some of the risks for text… Continue reading Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook

Webinar Recap: Exploring FCC’s Proposed Regulations on Text Messages and Lead Generation

We recently hosted a webinar entitled Exploring FCCs Proposed Regulations on Text Messages and Lead Generation, moderated by Contact Center Compliance’s Chief Product Officer, Isaac Shloss. Our guest—Eric J. Troutman, Czar of TCPAWorld—thoroughly explained the Federal Communications Commission’s (FCC) new proposed rules on text message blocking and lead generation. If implemented, these rules could fundamentally reshape… Continue reading Webinar Recap: Exploring FCC’s Proposed Regulations on Text Messages and Lead Generation