TCPA & Teleservices

August 8, 2019
Opt-Out Notices Not Required for Solicited Fax Advertisements

Recently, the Eleventh Circuit upheld the dismissal of a proposed class action by two hotel operators on the grounds that senders of solicited fax advertisements are not required to provide

July 15, 2019
Louisiana Lifts Telemarketing Ban

We previously reported that in preparation for a Potential Tropical Cyclone Two, businesses were temporarily banned from making non-exempt telephone solicitations into Louisiana. As of 2:00 PM CT today, Louisiana

July 11, 2019
Louisiana Declares State of Emergency, Triggers Telemarketing Ban

Louisiana has declared a state of emergency in preparation for Potential Tropical Cyclone Two. Businesses may not make non-exempt telephone solicitations into the state until further notice. Relevant exemptions are

July 9, 2019
Mississippi Allows Business Numbers on State Do Not Call Registry

Mississippi recently adopted emergency rules modifying its Telephone Solicitation Act. The most notable change is that businesses may register their numbers on the state’s “No Call List.” Entities making business-to-business

June 27, 2019
Indiana Blows Open Telemarketing Registration Requirements

Indiana’s recently enacted HB 1123 is set to take effect July 1, 2019, and any business making calls to Indiana residents should take note of its drastic changes. The new

June 20, 2019
Breaking: Supreme Court Punts on Whether Courts Must Unwaveringly Follow FCC Orders

This morning, the U.S. Supreme Court refused to answer the question of whether federal courts have the power to scrutinize FCC orders. In the decision being challenged, the Fourth Circuit

June 18, 2019
North Carolina District Court: Clear Statutory Meaning of ATDS is “Snow” Joke

“Plaintiff’s TCPA claim fails as a matter of law because plaintiff does not allege that the text messages she received were sent using equipment which has the capacity to store

June 17, 2019
Ninth Circuit Tells Facebook to Be Less Social When it Comes to Texting

In April 2019, the Fourth Circuit held that the government debt collection exemption, found within the 2015 amendments to the Telephone Consumer Protection Act (“TCPA”), violates the First Amendment but

June 7, 2019
FCC Votes to Allow Carriers to Block Robocalls by Default

The Federal Communications Commission (“FCC”) voted yesterday to allow telecom carriers to “block by default” illegal or unwanted calls to their subscribers. FCC Chairman Ajit Pai released the proposed Declaratory

May 30, 2019
M&S and PACE Respond to FCC Declaratory Ruling on Robocalls

Serving as General Counsel to the Professional Association for Customer Engagement (“PACE”), M&S filed a letter this week with the Federal Communications Commission (“FCC”) regarding its recently released Declaratory Ruling