Marketing Compliance Blog

FTC Continues Fight Against Billions of Illegal Robocalls

Four robocall operations have agreed to settle charges made by the Federal Trade Commission (FTC) accusing the companies of violating the FTC Act and the agency’s Telemarketing Sales Rule (TSR), along with its Do Not Call provisions. These illegal robocall operations...

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Ringless Voicemail Considered a “Call” Under TCPA

Classifying a Ringless Voicemail Whether a ringless voicemail is considered a “call” under the Telephone Consumer Protection Act (TCPA) has been a widely debated subject. However, in the recent case of Schaevitz v. Braman Hyndai, Inc., the second District Court...

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FCC Releases Reassigned Numbers Database

The Reassigned Numbers Database Yesterday the Federal Communication Commission (FCC) issued a final rule and order to create its proposed reassigned numbers database. This database will become a part of the FCC’s initiative Advanced Methods to Target and Eliminate...

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U.S. Supreme Court to Rule on FCC’s TCPA Interpretation

TCPA Interpretation In the case of PDR Network, LLC v. Carlton & Harris Chiropractic in 2018, it was debated whether the Hobbs Act requires that the district court uphold the Federal Communication Commission’s (FCC’s) interpretation of the Telephone Consumer...

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Red Robin TCPA Text Violation

Red Robin International is being accused of sending unauthorized text messages to consumers in violation of the Telephone Consumer Protection Act (TCPA). The alleged text messages about the “Red Robin Royalty” program included deals and discounts, and the plaintiff...

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FCC Seeks Clarification of “Sender” in Junk Fax Order

In February, Akin Gump filed a petition with the Federal Communications Commission (FCC) asking the Commission to clarify the definition of “sender” under the Junk Fax Rules portion of the Telephone Consumer Protection Act (TCPA). The FCC is now seeking comments from...

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$3M Jenny Craig TCPA Settlement Deal Approved

Jenny Craig TCPA Settlement In the case of Bloom v. Jenny Craig, the Southern District of Florida has approved a $3M class settlement which found the nutrition and weight loss company in violation of the Telephone Consumer Protection Act (TCPA). Jenny Craig was...

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FTC Proposes Finance Sector Encrypt Personal Data

After a 3-2 vote, the Federal Trade Commission (FTC) is moving forward with a rule that will expand financial safeguarding protocols that fall under the Gramm-Leach-Bliley Act of 1999.  The rule would require financial institutions based in the U.S. to encrypt the...

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Data Privacy Legislation Introduced by Washington State

On January 17, 2019, the Washington state Senate proposed the Washington Privacy Act (WPA). The Act proposes data privacy regulations that would require companies to protect consumer “personal data,” mirroring provisions of the European Union’s General Data Protection...

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