TCPA Update: Court Rules Predictive Dialer Not an ATDS

Courts continue to grapple and split on what qualifies as an “automated telephone dialing system.”  This creates uncertainty for telemarketers about potential liability exposure in a time when TCPA lawsuits continue to be filed in large numbers and FTC lawyers are aggressively enforcing the Telemarketing Sales Rule. Some courts have since held that a predictive … Read more

A federal court in Ohio recently granted a motion to dismiss a TCPA case because the plaintiff did not properly alleged that he did not provide consent to receive telephone calls. In Whiteacre v. Nations Lending Corp., et al., No. 19-CV-809, 2019 WL 3477262 (N.D. Ohio Jul. 31, 2019), the plaintiff alleged that defendants Nations … Read more

The Federal Trade Commission and the U.S. Food and Drug Administration recently sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping. Despite the fact that the letters focus upon nicotine content, they are more broadly instructive for cannabis advertisers. Consider that the letters discuss the lack of warnings about addiction … Read more

On June 24, 2019, in the matter of Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that confidential commercial and financial information provided to the U.S. government by private parties is subject to exemption from disclosure under the Freedom of Information Act (“FOIA”), even though disclosure of that information would not … Read more

The Federal Trade Commission and its law enforcement partners have announced a crackdown on illegal robocalls, including 94 actions targeting operations around the country that are responsible for more than one billion calls pitching a variety of products and services including credit card interest rate reduction services, money-making opportunities and medical alert systems. Dubbed “Operation … Read more

The U.S. Department of Justice’s Criminal Division recently released an update to the guidance document “Evaluation of Corporate Compliance Programs.” Immediately thereafter, the Department of the Treasury’s Office of Foreign Assets Control published “A Framework for OFAC Compliance Commitments,” which provides guidance on effective sanctions compliance programs. The OFAC is the primary federal agency that … Read more

Passed in 2018, the California Consumer Privacy Act (the “Act”) has been the subject of consistent controversy, criticism from tech lobbyists and support from privacy advocates. It grants “consumers” various rights with regard to personal information held by a covered “business,” including the rights of notice, access, deletion, portability and reasonable security. It also requires … Read more

The FTC’s efforts to police the payment processing industry continue… An individual and his payment processing company have agreed to settle FTC charges that they repeatedly violated a 2009 court order issued against them.  The settlement permanently bans both from engaging in, and assisting others with, payment processing, and includes a $1.8 million contempt judgment against them. … Read more