TCPA & Teleservices

On April 15, 2019, the Supreme Court declined to grant certiorari to a case challenging a Federal Trade Commission ("FTC") opinion designating “soundboard” calling technology as a form of robocall. Soundboard technology, also referred to as avatar technology, allows call center agents…

Is a call a “call” if you never received a call? The Southern District of Florida has weighed in on this legal riddle and concluded that ringless voicemails are “calls” under the TCPA and subject to its regulations. The case, Schaevitz v.…

In December of last year, our

Fifty-four state and territory attorneys general have endorsed federal legislation known as the Telephone Robocall Abuse Criminal Enforcement and Deterrence ("TRACED") Act. Originally introduced last year, and reintroduced this year by Senators John Thune (D-SD) and Ed Markey (D-Mass), the Act includes…

Following the Federal Communications Commission's 2015 Omnibus Declaratory Ruling and Order, which unsuccessfully attempted to clarify issues surrounding the Telephone Consumer Protection Act ("TCPA"), there was a spike in litigation relating to the TCPA. In 2017, Dish Network was hit hard with…

Comments Sought on TCPA “Dual Purpose” Calls Petitioner, SGS North America (SGS), asked the FCC to clarify the meaning of telemarketing and dual purpose calls. SGS contracts with automobile lessors to schedule inspections of leased vehicles to assess their condition near the…

The Federal Trade Commission (FTC) has completed its review of the CAN-SPAM Rule and concluded by a vote of 5-0 that the rule should be retained with no changes or modification. What is the CAN-SPAM Rule? The CAN-SPAM Rule was adopted in…

While 2018 is a thing of the past, it ushered in several major settlements that continue to affect companies engaging in the telemarketing industry. These settlements provide key insights for businesses seeking to avoid enforcement action and litigation that could cost upwards…