Legal Articles | The Blacklist Alliance

Legal Articles

November 12, 2024

What’s Happening with the FTC’s Noncompete Ban?

The FTC's proposed Noncompete Ban faces an uncertain future as it undergoes scrutiny in the U.S. Courts of Appeals for the Fifth and Eleventh Circuits. Legal challenges and a shifting political landscape could determine whether this nationwide ban on noncompete agreements will take effect.

Legal Articles

November 5, 2024

Is Elon Musk Running an Illegal Lottery?

The Philadelphia District Attorney has filed a lawsuit against Elon Musk, alleging his $1 million daily prize sweepstakes is an illegal lottery. The case hinges on whether the requirement for participants to provide personal information and make a political pledge constitutes "consideration." This legal battle could redefine the boundaries between lotteries and sweepstakes.

Legal Articles

October 25, 2024

FCC Moves Against Voice Service Provider for Illegal Robocalls

The FCC has issued a Cease-and-Desist Letter to Identidad Advertising Development LLC for transmitting illegal robocalls impersonating legitimate banks. This action is part of an ongoing effort to combat the growing nuisance of scam calls affecting millions of Americans daily.

Legal Articles

September 30, 2024

TCPA Compliance Guide: Avoiding Pitfalls with Customer Lists

Learn how a recent TCPA ruling clarifies the transferability of consumer consent and exemptions for businesses contacting numbers on the National Do-Not-Call Registry. Understand key aspects of TCPA compliance, including express consent, established business relationships (EBR), and legal limitations.

Legal Articles

September 24, 2024

Personal Jurisdiction in TCPA Cases: What Defendants Need to Know

Personal Jurisdiction in TCPA cases plays a critical role in determining whether a court can hear a lawsuit against an out-of-state defendant. This article explores the complexities of jurisdiction in TCPA litigation, highlighting key factors that courts consider when deciding if they have authority over non-resident defendants.

Legal Articles

September 16, 2024

AI-Generated Political Advertisements: Navigating New Regulations

As AI-generated political advertisements become more prevalent, states and federal bodies are enacting regulations to ensure transparency. Already, 15 states mandate disclaimers for AI-created content in political ads, with more legislation pending. Companies must stay vigilant about compliance to navigate this evolving landscape.

Legal Articles

September 13, 2024

TCPA Text Message Violation: Court Rules Against Circle K for Unsolicited Customer Messages

A recent court ruling found Circle K in violation of the TCPA for sending text messages to an existing customer without explicit consent, even though the messages did not directly solicit purchases. This case highlights the importance of understanding what constitutes a TCPA text message violation, as even opt-in requests can be seen as solicitations under the law.

Legal Articles

September 7, 2024

FCC’s New Robocall Rules: What Telemarketers Need to Know About Proposed Stricter Regulations

The FCC has proposed new rules to combat illegal robocalls and texts, increasing the compliance demands on Voice Service Providers. While aimed at protecting consumers, these regulations could impose significant new burdens on providers, sparking industry concerns about their effectiveness and impact.

Legal Articles

September 3, 2024

Canadian Telemarketing Regulations: DNCL and UT Rules Compliance

Canada's Unsolicited Telecommunication Rules (UT Rules), governed by the Canadian Radio-Television Telecommunications Commission (CRTC), closely resemble the U.S. Telephone Consumer Protection Act (TCPA), regulating marketing communications to protect Canadian consumers. Key provisions include restrictions on automated dialing, prerecorded calls, call timing, abandoned call regulations, recordkeeping, and honoring Canada's National Do-Not-Call List (DNCL). Marketers may contact consumers on the DNCL only if an exemption applies, such as an existing business relationship or express consent from the consumer. These rules aim to maintain consumer privacy while allowing for certain business communications under strict conditions.

Legal Articles

August 13, 2024

FCC Proposes Regulations for AI-Generated Robocalls

The FCC is taking steps to regulate AI-Generated Robocalls, aiming to protect consumers from potential fraud while ensuring beneficial uses of AI aren't hindered. Proposed rules include mandatory consent disclosures and clear identification of AI-generated calls at the outset.

Legal Articles

July 31, 2024

FCC Seeks to Enhance Robocall Mitigation Database Filings

The FCC aims to bolster the Robocall Mitigation Database (RMD) by proposing stricter filing requirements. New measures include mandatory updates within 10 business days and multi-factor authentication, ensuring more accurate data to combat illegal robocalls.

Legal Articles

July 15, 2024

Voice Service Provider Faced With Complete Blockage of Traffic After Ignoring FCC

Veriwave Telco, LLC faces a complete blockage of its traffic after ignoring the FCC's orders to investigate and block illegal robocall traffic. The FCC's enforcement action highlights the critical importance of compliance with robocall mitigation rules.

Legal Articles

July 8, 2024

Court Finds Offers for Free Services Do Not Qualify as Telephone Solicitations

A Wisconsin court ruled that offers for free services do not qualify as "telephone solicitations" under the TCPA, as they do not encourage purchases. This decision could impact how companies approach marketing communications to consumers on the National Do Not Call Registry.

Legal Articles

June 28, 2024

Another Supreme Court Ruling With Major Implications for Performance Marketing

The recent Supreme Court decision to overrule the Chevron Doctrine could have sweeping implications for performance marketers and companies subject to federal regulations like the TCPA. This landmark ruling shifts judicial power, potentially leading to increased legal uncertainty across various industries.

Legal Articles

May 30, 2024

FCC Concludes Anti-Robocall "Spring Cleaning" Initiative

The FCC's "Spring Cleaning" initiative against robocalls underscores the Commission's commitment to ending illegal robocall campaigns.

Legal Articles

May 30, 2024

FCC Proposes Massive Fine for Illegal AI Robocalls

The FCC has proposed a $6 million fine against political operative Steve Kramer for using AI-generated robocalls to mimic President Biden.

Legal Articles

May 24, 2024

Georgia Insurance Agency hit with TCPA lawsuit for DNC Phone Numbers

Notable TCPA litigation emerged when Tarkenton Senior Solutions LLC, a Georgia-based insurance firm, was targeted with a proposed class action lawsuit.

Legal Articles

March 21, 2024

TCPA Lawsuit Filed Against Perpetrators of AI-Voiced Political Calls

TCPA lawsuit filed in NH against Steve Kramer & Lingo Telecom for AI-voiced robocalls impersonating Biden, violating voting & TCPA laws.

Legal Articles

February 9, 2024

FCC AI Regulations Outlaws Marketing Calls Without Prior Consent

Stay compliant with AI regulations. Learn about FCC rules on AI in marketing calls and updated prerequisites for AI call consent.

Legal Articles

May 14, 2024

FCC Chairperson Proposes AI Regulations in Telemarketing

Discover FCC's proposed AI regulations in telemarketing. Learn how this impacts TCPA compliance and future marketing strategies.

Legal Articles

May 14, 2024

FCC Proposes New Rule Eliminating Lead Generator Loophole

FCC finalizes new rule to eliminate 'lead generator' loophole, enhancing consumer robocall protections. Effective in six months.

Legal Articles

November 30, 2023

FCC Imposes $116 Million Penalty Against “Consumer Advocate” for Illegal Robocalls

Uncover the ironic tale of an organization fined by the FCC for illegal robocalls while claiming to fight against them. Dive into the cunning scheme.

Legal Articles

November 30, 2023

FTC Sues Three Amazon Executives - Piercing the Corporate Veil

Learn about the 'Piercing the Corporate Veil' and its boundaries: Detailed insights on the FTC's groundbreaking lawsuit against three Amazon Executives.

Legal Articles

November 30, 2023

A Closer Look at the FTC’s New Junk Fee Rule

Explore the new FTC junk fee rule. This change aims for transparency in pricing across various sectors, impacting consumer costs.

Legal Articles

May 14, 2024

FCC Proposes New Rule Eliminating Lead Generator Loophole

FCC Rule Change Aims to End "Lead Generator Loophole", impacting robocall consents.

Legal Articles

November 17, 2023

How TCPA Class Action Attorneys Find Clients

Explore how TCPA class action attorneys find clients, the evolution of legal advertising, and its impact on businesses and legal practices.

Legal Articles

October 19, 2023

The Corporate Transparency Act: What You Need to Know

Overview of the Corporate Transparency Act (CTA) effective Jan 1. Mandates U.S. companies to report beneficial ownership to FinCEN.

Legal Articles

August 17, 2023

CAN-SPAM Violation for $650,000 - FTC vs. Experian Consumer Services

Explore the Experian $650,000 CAN-SPAM violation case with us. Dive into the FTC's enforcement, key compliance, and lessons for marketers.

Legal Articles

July 19, 2023

Operation Stop Scam Calls - FTC Announces Sweeping Nationwide Multi-Agency Crackdown

FTC, along with over 100 law enforcement agencies nationwide, announces "Operation Stop Scam Calls," a major crackdown against illegal telemarketing practices.

Legal Articles

July 19, 2023

Iowa Poised to Enact Consumer Privacy Statute

Learn about the Iowa Senate File 262: A consumer privacy law offering broad exemptions and business-friendly regulations.

Legal Articles

June 1, 2023

Landmark Litigation: Anti-Robocall Task Force Sues VoIP Provider

VoIP Provider, Avid Telcom, faces a landmark lawsuit by Ohio AG and a coalition of states, marking a significant stride against illegal robocalling.

Legal Articles

May 16, 2023

FTC Sues VoIP Provider for Illegal Robocalls

Explore the FTC's recent lawsuit against VoIP Provider XCast Labs, Inc., and the warnings issued to other VoIP providers.

Legal Articles

May 9, 2023

FTC Investigates Advertising Practices On Social Media

The FTC investigates advertising practices on social media - orders made to various social media platforms in response to allegations of elevated fraud.

Legal Articles

April 17, 2023

What is TCPA?

The Telephone Consumer Protection Act (TCPA), a law that regulates telemarketing calls and text messages. Learn to protect your business.

Legal Articles

April 13, 2023

FTC Project PoNE

Learn all about FTC Project PoNE no-entry letters and their consequences for businesses. Partner with The Blacklist Alliance for compliance guidance.

Legal Articles

April 11, 2023

TCPA Exemption for Debt Collection: Avoid Legal Liability

Uncover the TCPA exemption for debt collection and how The Blacklist Alliance aids businesses in avoiding legal risks and maintaining compliance.

Legal Articles

April 11, 2023

Washington State Passes Mini TCPA Law

Washington passes new TCPA law: enhanced consumer protections, stricter penalties, and transparency.

Legal Articles

April 10, 2023

FTC Data Regulation For Telemarketers And The Role Of Blacklist Alliance

FTC oversees telemarketing data regulations; Blacklist Alliance assists compliance using tools like Litigation Firewall, promoting ethical business.

Legal Articles

March 14, 2023

Who Steals My Purse Steals Trash

Things were a lot simpler a few years back when Caller ID just displayed the calling number and nothing else.

Legal Articles

March 14, 2023

FTC Files Suit Against VoIP Service Provider and its Customers for Facilitating Illegal Debt Relief Campaigns.

On February 16th, the Federal Trade Commission (FTC) filed suit against Stratics Networks, Inc. (Stratics)

Legal Articles

March 14, 2023

Mirror, Mirror on the Wall, How will a Prospect View my Call?

When a phone flashes a warning that your call is “Scam Likely” or “Potential Fraud,” it’s like walking into

Legal Articles

March 14, 2023

CFPB Advisory Opinion Targets Online Mortgage Comparison Websites

On February 7th, the Consumer Financial Protection Bureau (CFPB) issued

Legal Articles

March 14, 2023

FCC Announces Compliance Date for Amended TCPA Exemption Rules

In an Order originally released on December 30, 2020, the FCC implemented Section 8

Legal Articles

March 14, 2023

FCC Proposes Record-Breaking Fine Against Auto Warranty Operation Accused of Illegal Robocalls

On Wednesday, December 21st, the Federal Communications Commission (FCC) announced

Legal Articles

March 14, 2023

If you think the CCPA is tough, check out the CPRA

The California Privacy Rights Act (CPRA) is a consumer privacy ballot initiative from Californians for Consumer Privacy

Legal Articles

March 14, 2023

Regulators Increase Pressure on Carriers to Curb Illegal Robocalls

FTC and FCC Send Written Warnings to Cease Transmission of Spam Robocalls, State AGs Issue List of Demands

Legal Articles

March 14, 2023

FCC Adopts New Rules to Implement TRACED Act Requirements

On May 1, 2020, the FCC released an Order adopting new rules to implement the Pallone-Thune Telephone

Legal Articles

March 14, 2023

Twilio Wins Crucial District Court Victory

Although not itself a defendant in the case, large scale texting platform provider Twilio has just won

Legal Articles

February 20, 2023

Seventh Circuit Court of Appeals Adopts Narrow ATDS Definition

On February 19, 2020, the Seventh Circuit Court of Appeals unanimously confirmed that the capacity to

Legal Articles

March 14, 2023

Level of Human Interaction Required For Dialing Platforms

Is minor human involvement enough to disqualify a software dialing platform as an Automated Telephone Dialing System?

Legal Articles

March 14, 2023

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Recent Posts

What’s Happening with the FTC’s Noncompete Ban?

Is Elon Musk Running an Illegal Lottery?

What’s Happening with the FTC’s Noncompete Ban?

The FTC's proposed Noncompete Ban faces an uncertain future as it undergoes scrutiny in the U.S. Courts of Appeals for the Fifth and Eleventh Circuits. Legal challenges and a shifting political landscape could determine whether this nationwide ban on noncompete agreements will take effect.

Is Elon Musk Running an Illegal Lottery?

FCC Moves Against Voice Service Provider for Illegal Robocalls

The FCC has issued a Cease-and-Desist Letter to Identidad Advertising Development LLC for transmitting illegal robocalls impersonating legitimate banks. This action is part of an ongoing effort to combat the growing nuisance of scam calls affecting millions of Americans daily.

TCPA Compliance Guide: Avoiding Pitfalls with Customer Lists

Personal Jurisdiction in TCPA Cases: What Defendants Need to Know

AI-Generated Political Advertisements: Navigating New Regulations

TCPA Text Message Violation: Court Rules Against Circle K for Unsolicited Customer Messages

FCC’s New Robocall Rules: What Telemarketers Need to Know About Proposed Stricter Regulations

Canadian Telemarketing Regulations: DNCL and UT Rules Compliance

FCC Proposes Regulations for AI-Generated Robocalls

The FCC is taking steps to regulate AI-Generated Robocalls, aiming to protect consumers from potential fraud while ensuring beneficial uses of AI aren't hindered. Proposed rules include mandatory consent disclosures and clear identification of AI-generated calls at the outset.

FCC Seeks to Enhance Robocall Mitigation Database Filings

The FCC aims to bolster the Robocall Mitigation Database (RMD) by proposing stricter filing requirements. New measures include mandatory updates within 10 business days and multi-factor authentication, ensuring more accurate data to combat illegal robocalls.

Voice Service Provider Faced With Complete Blockage of Traffic After Ignoring FCC

Veriwave Telco, LLC faces a complete blockage of its traffic after ignoring the FCC's orders to investigate and block illegal robocall traffic. The FCC's enforcement action highlights the critical importance of compliance with robocall mitigation rules.

Court Finds Offers for Free Services Do Not Qualify as Telephone Solicitations

A Wisconsin court ruled that offers for free services do not qualify as "telephone solicitations" under the TCPA, as they do not encourage purchases. This decision could impact how companies approach marketing communications to consumers on the National Do Not Call Registry.

Another Supreme Court Ruling With Major Implications for Performance Marketing

FCC Concludes Anti-Robocall "Spring Cleaning" Initiative

The FCC's "Spring Cleaning" initiative against robocalls underscores the Commission's commitment to ending illegal robocall campaigns.

FCC Proposes Massive Fine for Illegal AI Robocalls

The FCC has proposed a $6 million fine against political operative Steve Kramer for using AI-generated robocalls to mimic President Biden.

Georgia Insurance Agency hit with TCPA lawsuit for DNC Phone Numbers

Notable TCPA litigation emerged when Tarkenton Senior Solutions LLC, a Georgia-based insurance firm, was targeted with a proposed class action lawsuit.

TCPA Lawsuit Filed Against Perpetrators of AI-Voiced Political Calls

TCPA lawsuit filed in NH against Steve Kramer & Lingo Telecom for AI-voiced robocalls impersonating Biden, violating voting & TCPA laws.

FCC AI Regulations Outlaws Marketing Calls Without Prior Consent

Stay compliant with AI regulations. Learn about FCC rules on AI in marketing calls and updated prerequisites for AI call consent.

FCC Chairperson Proposes AI Regulations in Telemarketing

Discover FCC's proposed AI regulations in telemarketing. Learn how this impacts TCPA compliance and future marketing strategies.

FCC Proposes New Rule Eliminating Lead Generator Loophole

FCC finalizes new rule to eliminate 'lead generator' loophole, enhancing consumer robocall protections. Effective in six months.

FCC Imposes $116 Million Penalty Against “Consumer Advocate” for Illegal Robocalls

Uncover the ironic tale of an organization fined by the FCC for illegal robocalls while claiming to fight against them. Dive into the cunning scheme.

FTC Sues Three Amazon Executives - Piercing the Corporate Veil

Learn about the 'Piercing the Corporate Veil' and its boundaries: Detailed insights on the FTC's groundbreaking lawsuit against three Amazon Executives.

A Closer Look at the FTC’s New Junk Fee Rule

Explore the new FTC junk fee rule. This change aims for transparency in pricing across various sectors, impacting consumer costs.

FCC Proposes New Rule Eliminating Lead Generator Loophole

FCC Rule Change Aims to End "Lead Generator Loophole", impacting robocall consents.

How TCPA Class Action Attorneys Find Clients

Explore how TCPA class action attorneys find clients, the evolution of legal advertising, and its impact on businesses and legal practices.

The Corporate Transparency Act: What You Need to Know

Overview of the Corporate Transparency Act (CTA) effective Jan 1. Mandates U.S. companies to report beneficial ownership to FinCEN.

CAN-SPAM Violation for $650,000 - FTC vs. Experian Consumer Services

Explore the Experian $650,000 CAN-SPAM violation case with us. Dive into the FTC's enforcement, key compliance, and lessons for marketers.

Operation Stop Scam Calls - FTC Announces Sweeping Nationwide Multi-Agency Crackdown

FTC, along with over 100 law enforcement agencies nationwide, announces "Operation Stop Scam Calls," a major crackdown against illegal telemarketing practices.

Iowa Poised to Enact Consumer Privacy Statute

Learn about the Iowa Senate File 262: A consumer privacy law offering broad exemptions and business-friendly regulations.

Landmark Litigation: Anti-Robocall Task Force Sues VoIP Provider

VoIP Provider, Avid Telcom, faces a landmark lawsuit by Ohio AG and a coalition of states, marking a significant stride against illegal robocalling.

FTC Sues VoIP Provider for Illegal Robocalls

Explore the FTC's recent lawsuit against VoIP Provider XCast Labs, Inc., and the warnings issued to other VoIP providers.

FTC Investigates Advertising Practices On Social Media

The FTC investigates advertising practices on social media - orders made to various social media platforms in response to allegations of elevated fraud.

What is TCPA?

The Telephone Consumer Protection Act (TCPA), a law that regulates telemarketing calls and text messages. Learn to protect your business.

FTC Project PoNE

Learn all about FTC Project PoNE no-entry letters and their consequences for businesses. Partner with The Blacklist Alliance for compliance guidance.

TCPA Exemption for Debt Collection: Avoid Legal Liability

Uncover the TCPA exemption for debt collection and how The Blacklist Alliance aids businesses in avoiding legal risks and maintaining compliance.

Washington State Passes Mini TCPA Law

Washington passes new TCPA law: enhanced consumer protections, stricter penalties, and transparency.

FTC Data Regulation For Telemarketers And The Role Of Blacklist Alliance

FTC oversees telemarketing data regulations; Blacklist Alliance assists compliance using tools like Litigation Firewall, promoting ethical business.

Who Steals My Purse Steals Trash

Things were a lot simpler a few years back when Caller ID just displayed the calling number and nothing else.

FTC Files Suit Against VoIP Service Provider and its Customers for Facilitating Illegal Debt Relief Campaigns.

On February 16th, the Federal Trade Commission (FTC) filed suit against Stratics Networks, Inc. (Stratics)

Mirror, Mirror on the Wall, How will a Prospect View my Call?

When a phone flashes a warning that your call is “Scam Likely” or “Potential Fraud,” it’s like walking into