Ad Law Access

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

FCC Opens the Door to Vicarious Liability for Third-Party Telemarketing Under Certain Conditions

On May 9, 2013, the Federal Communications Commission ruled that sellers may be held vicariously liable under the Telephone Consumer Protection Act (“TCPA”) for unlawful telemarketing by third parties under certain…

New York Enacts Legislation To Strengthen Consumer Protections Against Telemarketers

On August 14, 2012, New York Governor Andrew Cuomo signed legislation, which will regulate all telemarketers doing business in the State and strengthen consumer protections relating to pre-recorded telemarketing…

FTC Settles with Company that Used Sweepstakes to Get Around Do-Not-Call Rules

This afternoon, the FTC announced that the manufacturer of Rascal Scooters has agreed to pay $100,000 to settle charges that it illegally called millions of consumers whose phone numbers were on the national Do Not…

FCC Says Calls to Current Customers are not "Telephone Solicitations" under the TCPA

In the past month, we've posted two entries ( here and here ) regarding court decisions interpreting the Telephone Consumer Protection Act (the "TCPA") in the context of mobile marketing campaigns. This morning, our…