Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Marketing Consultant May Be Held Liable Under TCPA for Its Third-Party Marketer’s Unsolicited Text Messages

Last Friday, the U.S. Court of Appeals for the Ninth Circuit held that a marketing consultant for the United States Navy – the Campbell-Ewald Company – could be held liable for a third-party marketer’s violations of…

In the Latest TCPA Twist, State AGs Seek FCC Guidance on Legality of Call-Blocking Technology

On September 9, 2014, the National Association of Attorneys General sent a letter signed by 39 state attorneys general to FCC Chairman Tom Wheeler seeking a formal opinion as to whether there are any “legal and/or…

Capital One Settles Largest TCPA Class Action for $75M

Last week, a court preliminarily approved the largest class action settlement alleging violations of the Telephone Consumer Protection Act (TCPA). Capitol One, along with three debt collection agencies, agreed to pay…

FCC Urges Court to Adopt Narrow View of “Express Consent” for Autodialed Calls

On June 30, the Office of General Counsel for the Federal Communications Commission filed an amicus brief in the U.S. Court of Appeals for the Second Circuit urging the court to reverse a district court ruling that an…

Mobile App Provider Seeks Clarification on Applicability of the TCPA to OTT Texting Services

With class action cases proliferating, the Federal Communications Commission ("FCC") continues to receive petitions seeking guidance on the applicability of its rules to various calling or texting scenarios. In the…