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Texting: Following the Rules Doesn’t Appear to Help
- May 17, 2011
- Posted by: Seth Heyman
- Categories: Featured, Marketing & Advertising Law
No CommentsTwitter recently found itself the target of a class action lawsuit filed against the social network by two men who received text messages from Twitter. Recent case law interpreting the Telephone Consumer Protection Act (TCPA) makes it unlawful to send messages to consumers without their consent.
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Consumer Data Verification: Not Just Smart, But Essential
- March 4, 2011
- Posted by: Seth Heyman
- Categories: Marketing & Advertising Law, Regulatory Compliance
Lead generation companies, list marketers, and co-reg companies take note: verifying the accuracy of consumer data is not only smart, it’s also essential way to protect yourself from legal trouble.
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SMS Text Advertising: Class Action Attraction
- February 10, 2011
- Posted by: Seth Heyman
- Categories: Business Law, Featured, Marketing & Advertising Law
Any company considering SMS text advertising campaign should consider the potential for class action litigation, and take all steps necessary to ensure their marketing practices are compliant.
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Bluetooth Broadcasting: No Telephony, No Internet, No Problem
- February 4, 2011
- Posted by: Seth Heyman
- Categories: Featured, Internet Law, Marketing & Advertising Law
Bluecasting doesn’t fall under the prohibitions of the TCPA or the CAN-SPAM Act, but many recipients will find them just as intrusive as telemarketing calls or unwanted texts, perhaps even more so, as bluecasting can also reach computers and laptops. As the practice develops and expands, the FCC, the FTC, and the courts will doubtless be called upon to either expand their interpretation of the above-referenced laws, or leave the job to Congress.
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Telemarketing: True to the American Dream
- December 31, 2010
- Posted by: Seth Heyman
- Category: Business Law
If you sell a product or service using telemarketing, take heart. As long as you aren’t breaking the law, in a very real sense, you’re part of what makes this country great. If you’re a consumer and you hate being called by telemarketers and haven’t placed your number on the DNC list, you have no right to complain.