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Consumer Protections Posts
TCPA Prior Express Consent Via Business Card? Third Circuit Says “Yes, It Counts”
Apr 1, 2020
TCPA Prior Express Consent Via Business Card? Third Circuit Says “Yes, It Counts”
As businesses that make telemarketing or automated/prerecorded phone calls and send text messages and telemarketing faxes are well aware, the federal Telephone Consumer Protection Act (“TCPA”) imposes certain restrictions on communications sent without the recipient’s express consent or permission. Many courts view the “prior express consent” or permission requirement quite broadly. And just this week,…
Raising Money for COVID 19 Related Causes? Read this First.
Mar 23, 2020
Raising Money for COVID 19 Related Causes? Read this First.
Cause Marketing Social causes are an important part of both community and business culture. Increasingly, businesses identify social causes to support as a part of their company mission. When they fold that mission into their marketing, it can trigger federal and state consumer protection laws (as well as federal tax laws). Why? To prevent fraud…
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
Apr 3, 2019
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
Although the Telephone Consumer Protection Act (“TCPA”) limits the ways in which companies may contact individuals via automated dialers, with prerecorded messages, or via text message, one of its hallmarks is that companies are entitled to contact consumers who have provided their express consent to be called. However, in 2015, the Federal Communications Commission (“FCC”)…
Passage of the 2018 Farm Bill: America’s Amber Waves of Grain Turn Green. What Does It Mean For CBD Oil Products and Advertising?
Dec 21, 2018
Passage of the 2018 Farm Bill: America’s Amber Waves of Grain Turn Green. What Does It Mean For CBD Oil Products and Advertising?
Much excitement surrounds the 2018 Farm Bill – the Agricultural Improvement Act of 2018 – which President Trump recently signed into law. The hubbub is all about hemp. The new law removes hemp from the Controlled Substances Act and opens markets across the fifty states to hemp and its many derivatives. Farmers and product manufactures…
Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder
Jan 18, 2018
Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder
No one likes being on the receiving end of an immunization shot, but many of us submit to a flu shot each fall or winter. David Latner, a patient of the Mount Sinai Health System’s West Park Medical facility, apparently found a single text from West Park reminding him about flu shots to be alarming…
D.C. Circuit v. FCC – More Pushback to Come?
Apr 17, 2017
D.C. Circuit v. FCC – More Pushback to Come?
Over the past several years, the Federal Communications Commission (“FCC”) took an expansive view of its rules under the Telephone Consumer Protection Act of 1991 (“TCPA”). The TCPA bars certain calls, texts and faxes without prior express consent and requires disclosures and opt-out procedures. While the FCC and state attorney generals may enforce the TCPA,…
Online Reviewers Get New Protections
Jan 12, 2017
Online Reviewers Get New Protections
Your business booked a large charity event. However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and the drinks were watered down. She even claims she was overcharged. You reviewed the situation and,…
Presidential Predictions For Financial Consumer Protections
Nov 21, 2016
Presidential Predictions For Financial Consumer Protections
In January 2017, the Obama Administration will transfer power to the incoming Trump Administration, and Congress will convene with a Republican majority in both houses. Predictions abound as to what legislative and regulatory changes will transpire under the new administration. Earlier this month, WSJ Pro hosted a live video event to discuss how the election…
What the Payday Proposal Would Do
Jun 3, 2016
What the Payday Proposal Would Do
The Consumer Financial Protection Bureau (CFPB) has proposed a new rule to regulate payday lending and auto-title loan companies. Right now, it is merely a proposal, meant to undergo the notice and comment period until September 14, 2016. But if the rule goes into effect, it would be a significant imposition on the lending business….
CFPB Scare Tactics: The New Arbitration Rules
May 5, 2016
CFPB Scare Tactics: The New Arbitration Rules
Recently, I wrote about the CFPB’s plans to issue new regulations restricting arbitration clauses in certain consumer contracts. Today, the agency announced those new rules and CFPB Director Richard Cordray is expected to discuss them at the agency’s field hearing in Albuquerque, New Mexico. As expected, the new rules eliminate the use of class action…
