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…

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…

Can You Afford To Send That Text? Connecticut’s Mini-TCPA Imposes Substantial Fines on Telemarketers

Several weeks ago, Connecticut enacted legislation making it illegal for telemarketers to send unwanted text messages to consumers, modernizing the State law and bringing it into accord with the federal Telephone…

Express Written Consent Requirement for Telemarketing Calls and Texts to Take Effect October 16, 2013

New rules issued by the Federal Communications Commission ("FCC") last year are about to take effect. These rules will make it more difficult for businesses to make telemarketing calls and texts to wireless customers…

FTC Seeks Public Comment on Proposed Amendments to the Telemarketing Sales Rule

On May 21, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) regarding proposed amendments to the Telemarketing Sales Rule (“TSR”). Notably, the proposed changes would: (1) expressly…