Archives: Direct Marketing

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Update on Initiation of FCC Rulemaking to Implement the New TCPA Exemption for the Collection of Government Debt

Some of you may remember that back in early November 2015, I wrote about a then little-noticed provision slipped into the Bipartisan Budget Act of 2015. That provision, designed to find more revenues to offset government spending (and thus help to reduce the federal deficit), created an exemption from the Telephone Consumer Protection Act (TCPA) … Continue Reading

The UK’s data protection regulator cracks the enforcement whip

As 2015 draws to a close, the UK’s Data Protection Regulator, the Information Commissioner’s Office (‘ICO’), is making sure it ends the year with a bang. The past few months have seen a significant increase in enforcement action, a theme which seems to be common for the regulator at this time of year because of … Continue Reading

What Was Buried In The Budget Bill

Anyone paying attention to goings-on in Washington last month might have heard a loud, bipartisan sigh of relief when both the House and the Senate passed a budget deal that temporarily averted another government shutdown or even a near-term showdown, and could possibly clear the way for a little less gridlock — at least until … Continue Reading

The House and Senate passed a new budget deal potentially affecting the TCPA

Automated dialing systems are back – temporarily – like never before. The new Budget Act provision makes “robocalls” to mobile phones a nonissue when used to collect money owed to the United States government. Following this release, Sen. Ed Markey spoke out and is reportedly preparing a “Hang Up Act” aimed at repealing this robocall … Continue Reading

TCPA Litigation and Compliance Will Be Affected by the FCC’s TCPA Omnibus Declaratory Ruling

In its July 10, 2015 TCPA Omnibus Declaratory Ruling and Order, the Federal Communications Commission unfairly lumps legitimate businesses in with the telemarketing abusers that the Telephone Consumer Protection Act (TCPA) was intended to deter. Highlights within the ruling include: An Expansive Definition of “Automatic Telephone Dialing System” or “Autodialer” Liability for Calling Reassigned/Wrong Wireless … Continue Reading

Reactiv Media fine increased on appeal by UK Information Rights Tribunal

Reactiv Media has found itself facing a 50% increase in the fine it was attempting to overturn after an appeal to the First-Tier Information Rights Tribunal. The UK Information Rights Tribunal hears appeals against decisions of the Information Commissioner’s Office actions relating to data protection, privacy electronic communications, freedom of information and environmental information. The … Continue Reading

FCC Finally Acts to Clarify Ambiguities in the TCPA

Yesterday, the Federal Communications Commission (FCC) once again demonstrated to businesses the wisdom of that old adage, “be careful what you ask for.” The Telephone Consumer Protection Act (TCPA) protects consumers from unwanted telephone calls and text messages and has created a cottage industry for the plaintiffs’ bar bringing a tsunami of individual and class … Continue Reading
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