FCC Chair Proposes Significant New Text-Blocking, Lead Generation Rules

On Wednesday, February 22, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel proposed new rules about text messages and lead generation that could have significant consequences for the telemarketing industry. According to a press release, these rules “would require mobile service providers to block certain robotext messages that are highly likely to be illegal.” The proposed… Continue reading FCC Chair Proposes Significant New Text-Blocking, Lead Generation Rules

January Compliance and Deliverability News Grab Bag

Once again, there are  a number of notable stories from the past month relating to Telephone Consumer Protection Act (TCPA) compliance, Florida Telephone Solicitation Act (FTSA) compliance, and call deliverability that are worth gathering in one blog post. Citrix Settles TCPA Class Action for $2.75 Million One of the most notable trends in the nearly… Continue reading January Compliance and Deliverability News Grab Bag

Call Deliverability News Grab Bag

Call deliverability is becoming the most important frontier in regulatory battles for callers. Thanks to a confluence of factors, regulatory regimes have focused increasing attention on shutting off illegal robocall traffic before it can reach consumers, even if that comes at the expense of legitimate callers. Here are some recent news stories relating to this ongoing challenge.

Robinhood Sued Under Washington State Law for Referral Texts

Earlier this month, a district court in Washington ruled against Robinhood, the stock trading app and brokerage, in its attempts to get a text-message-based class action dismissed. What makes it especially notable is the class action is being brought under Washington’s Consumer Electronic Mail Act (CEMA) rather than the federal Telephone Consumer Protection Act (TCPA).… Continue reading Robinhood Sued Under Washington State Law for Referral Texts

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.

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

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.

District Court Rejects Argument That Text Messages Are Prerecorded Voice

A district court in California rejected a plaintiff’s argument in a Telephone Consumer Protection Act (TCPA) lawsuit that tried to establish a new avenue for text message claims. The court granted the defendant’s motion to dismiss, noting that the plaintiff’s claims that text messages constitute “prerecorded voice” messages flatly contradicts both the common sense and dictionary definitions of “voice.”