The Better Business Bureau (“BBB”) has quietly been asserting more influence over mobile and Internet marketing practices over the past year, endorsing several self-regulatory principles drafted by the Digital Advertising Alliance (“DAA”), a nonprofit organization comprised of some of the largest media and marketing trade associations in the U.S.  Now, for the first time, the…

The Federal Communication Commission (“FCC”) announced late last week that it is seeking public comment on petitions that call into question certain provisions of the new Telephone Consumer Protection Act (“TCPA”) regulations, which went into effect on October 16th, 2013. The TCPA Generally The TCPA regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers and/or pre-recorded…

As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers or pre-recorded messages, and has been the basis for several high profile class action lawsuits.  Despite the multi-million dollar settlements resulting from TCPA violations, there may finally be some good news for telemarketers. What is an Autodialer…

A TCPA action that was filed in Massachusetts federal court against Sallie Mae, Inc. was recently dismissed because of the arbitration clause contained in the promissory notes that the plaintiff electronically signed when she secured three student loans. Background: Auto-Dialed Debt Collection Calls Each promissory note contained an arbitration provision that required any claims relating…

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