TCPA & Teleservices

One of the most hotly contested issues in TCPA litigation is whether a communication qualifies as an advertisement. For faxes, the determination impacts whether the TCPA applies at all. For calls made and texts sent to cell phones using an autodialer, the…

The Eleventh Circuit has joined the Second Circuit in finding that the Telephone Consumer Protection Act ("TCPA") does not authorize unilateral revocation of consent to receive automated calls when such consent is given in a bargained-for contractual provision. In a favorable opinion…

In an

After recent opinions from the Seventh Circuit (

The state legislatures began their 2020 sessions with a flurry of activity.  The following is a recap of the teleservices bills that have been enacted from January 1 – March 31, 2020:

A three-judge panel in the Seventh Circuit largely affirmed an Illinois federal court’s judgment finding Dish Network liable for forcing retailers to make 66 million unlawful telemarking calls to consumers. While the Seventh Circuit affirmed liability, it also found that the court…

This is a follow-up to our March 24, 2020

In a

With ongoing implementation of the STIR/SHAKEN authentication framework, your business's calls to consumers are at greater risk of being blocked. Here's what you need to know and the steps you can take to prepare and protect your organization. What is STIR/SHAKEN? STIR/SHAKEN…

On Saturday, Governor Cuomo declared a state of emergency for the entirety of the State of New York in response to the ongoing threat from coronavirus. The state of emergency is scheduled to last through September 7, 2020, unless rescinded sooner. Under…