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TCPA TCPA compliant telemarketing HIA phone on table

Carefully Examine those TCPA Complaints!

Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer Protection Act (“TCPA”) complaint for failure to state a claim. Plaintiff sued HIA for allegedly calling her twice without consent. In her TCPA complaint, Plaintiff alleged that these telemarketing calls violated both the TCPA and the Florida Telephone Solicitation Act (“FTSA”). The TCPA is a federal statute that restricts certain types of telemarketing communications. The FTSA, colloquially known as a “Mini-TCPA,” is Florida’s own set of telemarketing

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States Revisit Their Continuity Billing Laws 

In the wake of increasing continuity billing practice complaints, the Federal Trade Commission (“FTC”) is again taking a hard look at the space. The FTC has once again reviewed its 1973 Negative Option Rule, which was enacted, in part, to regulate automatic renewal plans, free to pay conversions, and continuity

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FTC Health Data Privacy Crackdown Continues

On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction treatment services, offering its clients access to online support groups, community forums, online therapy, and physician access. The Complaint,

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