Ad Law Access

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

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…

Kansas AG Action Offers Reminder That States Monitor Do-Not-Call Compliance

A few days ago, a Kansas state court entered a default judgment against Bullseye Target Marketing, a Missouri telemarketing company that solicited roofing business in Kansas, in an action brought by the Kansas Attorney…

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…