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Author: Danielle Cuevas

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FCC Publishes 1:1 Consent FAQs

26 Dec 2024
Just a quick update here on the FCC and 1:1 consent rule during this holiday season. The FCC is moving full steam ahead on a January 27, 2025 effective date…
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“Don’t you have to look at what the statute says?” – IMC’s Oral Arguments

18 Dec 2024
As we noted earlier on TCPAWorld, the IMC odds against the FCC might be better than initially thought due to the panel of judges from the Eleventh Circuit hearing the…
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UNCUT JAMS: Jewelry Company Sends 22 Text Messages After STOP Request!

13 Dec 202413 Dec 2024
Hey TCPAWorld! Another day, another gem. As you folks know, we all have the ability to consent or opt-in to receive calls and text messages. But we also have the…
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CAVITIES AND COMPLAINTS: Dentistry Office Caught in TCPA Suit.

6 Dec 2024
Hey TCPAWorld! I’m Steven, the newest Associate Attorney at Troutman Amin, LLP. I’ll be sharing weekly insights on the latest developments in the TCPA world for businesses and legal professionals…
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This Just Got Interesting…. — The IMC case in the Eleventh Circuit

6 Dec 2024
Does the Insurance Marketing Coalition’s case in the Eleventh Circuit have more than a snowball’s chance in hell? Maybe…. The IMC case against the FCC has oral arguments in front…
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DATA BROKERS: National Security Threat???

3 Dec 2024
It’s clear that data brokers are the new primary target for regulators. We recently highlighted the California rule which increased the registration fee for data brokers from $400 to $6,600…
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FTC’s Negative Option Rule Adds Some New Wrinkles

6 Nov 2024
The Federal Trade Commission recently released their Final Rule updating the Negative Option Rule.   And the Final Rule has some important changes that will affect many businesses.   The Negative…
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It’s Official: TSR Recordkeeping Rules are Effective Today

15 Oct 202415 Oct 2024
It’s October 15th, and fall is officially here.  Bringing with it pumpkin, football  (Go Vols!), hockey (Go Ducks!), and, this year, the effective date of the Telemarketing Sales Rule updates. …
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BIDDING ON COMPETITOR’S KEYWORDS? Court ruling helps marketers see more clearly

11 Oct 2024
Taking a step away from TCPA (and there is a lot going on there) for a moment to talk about a recent case that affects marketers everywhere.  The Second Circuit…
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You Won’t Believe Who is Presenting to the FCC with the NCLC

8 Oct 2024
There’s an old saying: The TCPA makes strange bedfellows. Or something like that. But, in today’s example of “strange bedfellows” we have a Notice of an Ex Parte Presentation with…
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BREAKING – SCOTUS to Hear TCPA Case Involving Hobbs Act Deference

4 Oct 20244 Oct 2024
When the US Supreme Court struck down the Chevron doctrine earlier this year, there were lots of questions about how the TCPA would be affected and how the Hobbs Act…
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Did You Miss It? New CMS Rules Are Now In Effect

3 Oct 20247 Oct 2024
It’s been a crazy few weeks here in TCPAWorld. The LMB case.  Multiple conferences.  Just a lot going on. But, like time, TCPAWorld marches on and the CMS rules wait…
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GAME ON: NFL Tackles Privacy Laws in Court and WINS!

9 Sep 2024
Happy Monday TCPAWorld!! With football season in full swing, we bring you a legal case that’s sure to catch your attention: Brandon Hughes vs. the National Football League (NFL), filed in…
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Who’s watching the watchers? FTC files proposed order against security camera company

3 Sep 20244 Sep 2024
We have a little something different today. While this is not a TCPA case, there are a lot of lessons to learn in this case for any company concerned with…
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God Is Dope, LLC Faces TCPA Lawsuit: A Case Where Faith Doesn’t Grant Immunity

15 Aug 20247 Jul 2026
Hey TCPAWorld! Countess here, bringing you an interesting case that I could not let pass... In a recent filing in the Southern District of Texas, Houston Division, Plaintiff Cosby Siringi…
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End of “Fake Reviews”? — FTC Issues the Final Rule

14 Aug 202414 Aug 2024
Man, I had just recovered from the FCC's Artificial Intelligence Proposed Rule and the Notice of Inquiry.  But, this morning the FTC dropped their Final Rule on Fake Reviews.   And…
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FCC’s New Notice of Inquiry – Is This Big Brother’s Origin Story?

13 Aug 2024
The FCC’s recent Notice of Proposed Rulemaking and Notice of Inquiry was released on August 8, 2024. While the proposed Rule is, deservedly, getting the most press, it’s important to…
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Are You a Data Broker? Are You sure? — California Issues Proposed Rule for Clarity

9 Jul 2024
TCPAWorld has talked about the CPPA before, but it appears the agency is not going to rest on its laurels. The California Privacy Protection Agency (“CPPA”) published their Notice of…
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“Arbitrary and Capricious” – A sign of things to come?

7 Jul 2024
On July 3, 2024, the US District Court of Northern Texas issued a Memorandum Opinion and Order in the combined cases of Americans for Beneficiary Choice, et al. v. United…
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When is a Disclaimer Not a Disclaimer?

4 Jun 2024
The Consumer Financial Protection Bureau (“CFPB”) released a circular attempting to address “Unlawful and unenforceable contract terms and conditions”.  From the face of the document, it raises more questions than…
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Javier Lives — New CIPA Case Regarding “voice prints”

30 May 2024
I'm going to post this CIPA case on TCPAWorld.com instead of CIPAWorld because it involves the Javier case that TCPAWorld has covered multiple times. (But, don't forget to check out CIPAWorld…
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FTSA Class Action Moves Forward: Court Confirms Rule 23 Does Not Modify Substantive Rights

28 May 20247 Jul 2026
Hello TCPA World! Sharing a recent decision from the Middle District of Florida focusing on procedural rules, specifically Fed. R. Civ. P. 23, which governs class actions, and the FTSA.…
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Robocalls, Deepfakes, and a new $6 MILLION man

23 May 2024
The Federal Communications Commission (“FCC”) has been very open about cracking down on the deceptive use of artificial intelligence (“AI”).  They have issued Notice of Inquiry about the under of…
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Avoiding “absurd” inference in TCPAWorld

3 May 20243 May 2024
A great new TCPA opinion out of Virginia highlights one of my favorite things:  third party management or lack thereof. In Ackerman v. Look Both Ways Insurance, LLC, 2024 WL…
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Massive FCC Fines and What You Should Learn From Them

1 May 2024
  The major wireless carriers (AT&T, Verizon, Sprint, and T-Mobile) were fined nearly $200 million dollars  for “illegally sharing access to customers’ location data” on April 29, 2024. These fines…
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FCC Puts Another Carrier On Notice with Cease and Desist Letter

17 Apr 2024
If you haven't already figured it out, the FCC is serious about carriers and providers not carrying robocalls. The FCC sent a cease and desist letter to DigitalIPvoice informing them…
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The New Proposed American Privacy Rights Act: What does it mean for lead gen?

11 Apr 2024
With all the fun and work of LeadsCon behind us, we can now take some time to look at the proposed American Privacy Rights Act.  This bipartisan piece of legislation…
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Trigger Leads: Has the train left the station already?

2 Apr 2024
There’s been a lot of talk recently about trigger leads and whether or not they should be legal or even if they are helpful. But, what exactly are trigger leads?…
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More Legislative Changes to the TCPA???

20 Mar 2024
Looks like the Do Not Disturb Act might not be the only proposed changes to the TCPA in Congress. Senator Dick Durbin (D-Ill) introduced a new bill aimed to make…
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FTC sending out refunds in “Review Hijacking” case

14 Mar 2024
The FTC announced today it was going to send more than $527,000 in refunds to consumers who bought products which were marketed based on "review hijacking". This announcement is related…
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Are you prepared? TSR’s New Consent Recordkeeping Requirements

12 Mar 202414 Mar 2024
The new amendments to the Telemarketing Sales Rule (“TSR”) from the Federal Trade Commission (“Commission”) includes several changes to recordkeeping requirements. One area which had significant changes is the area…
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New TSR Recordkeeping Requirements are here!

11 Mar 2024
The Federal Trade Commission (FTC) released the new Final Rule for the Telemarketing Sales Rule (TSR) last week. And it's a doozy. Long-time readers know that TCPAWorld has been all…
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Navigating the CFPB’s Lead Generation Circular: Answers to Your Top Questions

7 Mar 2024
Since the CFPB's guidance around comparison-shopping websites and lead generators was released last week, we have received some questions. We thought a nice FAQ would be helpful. Q. When are…

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