With all of the recent litigation under the Telephone Consumer Protection Act (“TCPA”), marketers are well aware that making telemarketing calls can be a tricky road to navigate.  In October 2013, the Federal Communication Commission’s (“FCC”) new TCPA rule went into effect, requiring prior express written consent to call consumers for telemarketing purposes— a higher standard than its previous “prior express consent” standard.  As we have written previously, a large number of cases under the old rule grappled with the meaning of what constituted prior express consent.  Although the rule itself has changed, the number of questions surrounding the rule has not.
Continue Reading A Watchful Eye Toward TCPA Filings