Seyfarth’s Advertising & Marketing Group to Present ANA Webinar
Seyfarth's Consumer Class Defense » TCPA
by Seyfarth Shaw LLP
1y ago
On Tuesday, June 13 at 1:00 p.m. Eastern, Seyfarth attorneys Kristine Argentine, John Tomaszewski, and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” This presentation will cover the recent surge in consumer class actions, compliance considerations, and recent developments in the law related to privacy claims, including TCPA and State Mini-TCPAs, the Video Privacy Protection Act, data breach claims, biometric privacy, and claims related to collection of data through google analytics tools ..read more
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Mini-TCPAs Start to Take Center Stage
Seyfarth's Consumer Class Defense » TCPA
by Kristine Argentine
1y ago
After years of litigation in federal courts across the country over purported Telephone Consumer Protect Act (TCPA) violations, there has been a recent shift in focus to what is known as mini-TCPAs being enacted by state legislatures which seek to regulate intrastate telemarketing communications. In particular, dozens of putative class actions have been filed over the last several weeks in Florida alleging violation of the Florida Telephone Solicitation Act, Florida’s mini-TCPA. Amendments to the Florida Telephone Solicitation Act went into effect July 1, 2021 and included an expansive definit ..read more
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FCC Imposes New Limits on TCPA Exemptions Affecting Residential Landline Calls
Seyfarth's Consumer Class Defense » TCPA
by Jordan Vick and Bessie Fakhri
1y ago
The Telephone Consumer Protection Act (TCPA) generally restricts making certain non-emergency calls to cellular phones and landlines, among other things, without the called party’s consent.  However, the Federal Communications Commission (FCC) has created a number of exemptions on which business have come to rely.  A new FCC Order significantly limits those exemptions. Background The TCPA places different restrictions on making calls without the called-party’s consent, depending on the type of telephone line used. For instance, with respect to residential landlines, the TCPA prohibit ..read more
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Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives
Seyfarth's Consumer Class Defense » TCPA
by Emily Kesler
1y ago
It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class action is the promise of an incentive payment or award, paid to the class representative out of a class settlement fund purportedly to compensate the named plaintiff for work done on behalf of a class and assumption of those risks that come along with naming yourself in a lawsuit. However, the Eleventh Circuit Court of Appeals in Johnson v. NPAS Sols., LLC, No. 18-12344 (11t ..read more
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Webinar Recap! Desperately Seeking Post-COVID Sales?
Seyfarth's Consumer Class Defense » TCPA
by Jordan Vick, Robert B. Milligan and Bart Lazar
1y ago
Don’t Forget About the TCPA and the CAN-SPAM Act When Designing Your Marketing Communications Strategy Seyfarth attorneys Jordan Vick, Robert Milligan, and Bart Lazar provided a back-to-basics primer on TCPA and CAN-SPAM rules and penalties regarding text, calls, and emails, plus helpful best practices with respect to using third-party vendors and externally sourced marketing lists. As a conclusion to this webinar, we compiled a summary of takeaways: The TCPA’s cell phone ban is here to stay given the Supreme Court’s decision to sever the problematic government debt exemption, rather than to ..read more
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It’s Time for the Main Event: How the Reinforced TCPA May Play a Pivotal Role in the 2020 Elections
Seyfarth's Consumer Class Defense » TCPA
by Robert B. Milligan and Darren Dummit
1y ago
With the Supreme Court recently upholding the constitutionality of the Telephone Consumer Protection Act (“TCPA”), political campaigns, PACs, and grassroots GOTV organizations now know the tools by which they will be allowed to go to battle as it relates to the use of text messaging to get out the vote, raise awareness and raise funds. Just as it was for Barack Obama’s historic 2008 election win, the ability for campaigns to find creative ways to engage new and previously-apathetic voters via text message while also complying with the TCPA’s texting restrictions will be of great import. But in ..read more
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A Fractured Supreme Court Strikes Down and Severs the TCPA’s Government Debt Exemption, Leaving the Rest of the Statute Intact
Seyfarth's Consumer Class Defense » TCPA
by Jordan Vick
1y ago
Yesterday, a divided Supreme Court issued a plurality opinion in Barr v. American Association of Political Consultants, Inc.  (“Political Consultants”) striking down and severing a 2015 amendment to the TCPA, which exempts government debt collection calls (“government debt exemption”) from the statute’s general prohibition on calls to cell phones (“cell phone ban”).  The effect of this ruling was to affirm the Fourth Circuit’s decision and leave the cell phone ban intact. A majority of justices agreed that the government debt exemption violated the First Amendment but disagreed as to ..read more
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Post-Pandemic Litigation Webinar Series
Seyfarth's Consumer Class Defense » TCPA
by Scott A. Carlson, Suzanna Bonham, Giovanna A. Ferrari, William Hanlon, J. Scott Humphrey, James McGrath, Kristine Argentine, Jesse M. Coleman, Tonya M. Esposito, Richard Lutkus, EnCE, EnCEP, CEH, Catherine Schumacher and Rebecca Woods
1y ago
From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time. To help navigate the litigation landscape, we are kicking off a webinar series that will take a look at what’s happening now and what to expect in terms of litigation practice and litigation trends in the months to come. The initial webinars detailed below will be supplemented by topic-specific programs that will take a deeper dive into t ..read more
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Seyfarth Webinar: Desperately Seeking Post-COVID Sales? Don’t Forget About TCPA and the CAN-SPAM Act – July 15, 2020
Seyfarth's Consumer Class Defense » TCPA
by Jordan Vick, Robert B. Milligan and Bart Lazar
1y ago
Event Details Wednesday, July 15, 2020 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific Consumer spending in the US plunged more than 13% as a result of the COVID-19 pandemic. As states begin reopening and marketers begin refocusing on acquiring new customers and strengthening their relationships with existing customers, it is imperative for marketers to remember that the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act apply to all marketing campaigns that involve texts, calls, and emails to consumers. T ..read more
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Law.com References Blog Post Written by Darren Dummit, Robert Milligan and Stanley Jutkowitz
Seyfarth's Consumer Class Defense » TCPA
by Darren Dummit, Robert B. Milligan and Stanley Jutkowitz
1y ago
A blog post authored by Seyfarth attorneys Darren Dummit, Robert Milligan and Stanley Jutkowitz, titled “Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19,” was referenced in a new story from Law.com. The Law.com article explores how TCPA class actions are targeting the cannabis industry. Read the full article at Law.com   ..read more
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