Telemarketing

Attention Lead Generators  The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of  California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…

Volkswagen launched a marketing campaign.  It paid dealerships nationwide to retain a third party to place service reminder calls to their customers.  Automated technologies were purportedly used to make calls to plaintiff without consent. The Central District of California decertified a class of these TCPA plaintiffs because consent issues were so individualized that the plaintiffs…

As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault.  Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…

FTC compliance and defense lawyer Richard B. Newman recently authored an article for National Law Review titled “Update on the Assault Upon FTC Enforcement Authority: Monetary Disgorgement Challenges and Executive Direction to Reform Agency Operations.” The article examines the U.S. Supreme Court in Liu v. SEC, the limits placed upon the SEC’s ability to seek monetary…

In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…

Telephone Consumer Protection Act (TCPA) and telemarketing lawyer Richard B. Newman was recently asked to author an article for DataGuidance, a global platform for privacy professionals, on circuit court splits in the United States on the definition of “automated telephone dialing system.” In the article, “Diverging Court Decisions Over Definition of ATDS Under ATDS,” Richard discusses…