Telemarketing

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…

Telephone Consumer Protection Act (TCPA) lawsuits can be devastating to business operations and long term viability. There are a number of different approaches that telemarketers can take in order to minimize potential liability. All of which ae critical, given that the TCPA provides for the recovery of  actual damages or statutory damages in the range…

The Eighth Circuit recently dismissed a TCPA claim for lack of Article III standing after concluding that the alleged injuries were not caused by (“traceable”) the purported TCPA violations. St. Louis Heart Center, Inc. v. Nomax, Inc. (8th Cir. Aug. 6, 2018). In Nomax, the plaintiff filed a class action after receiving a number of…