Ad Law Access

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

Ad Law Access Podcast: Update on ATDS Definition Under the TCPA

Recently the Second Circuit Court of Appeals issued an opinion providing its definition of an automatic telephone dialing system (ATDS) under the TCPA. That sets up a severe split of the Circuits with the Second and…

FCC/FTC Stake out Aggressive Robocall Position, Tell Gateway VoIP Providers to Block COVID-19 Robocalls – or Be Blocked Themselves

The FTC and FCC have taken a number of actions to stem unlawful robocalls generally and, during the COVID-19 pandemic, to stem harmful and deceptive calls that seek to exploit the COVID-19 crisis. Even amid the…

States Place New Restrictions on Collection Efforts and Outbound Calls Amidst COVID-19 Pandemic

The COVID-19 pandemic continues to have far-reaching effects on businesses and consumers everywhere. While many states are taking broadly consistent approaches on certain issues ( e.g., price gouging, non-essential…

Telemarketing During the Pandemic

Over the past few weeks, my colleagues have discussed some of the considerations for marketing around COVID-19, including claim substantiation and price gouging . In the next few posts, we are going to take a deeper…

The Eleventh Circuit Weighs In On ATDS Definition

In Glasser v. Hilton Grand Vacations Company, LLC, the Eleventh Circuit addressed a pair of appeals that presented the question of the appropriate definition of an automatic telephone dialing system (“ATDS”) as set…