Author: Richard B. Newman

TCPA Update: Court Rules Predictive Dialer Not an ATDS

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Courts continue to grapple and split on what qualifies as an “automated telephone dialing system.”  This creates uncertainty for telemarketers about potential liability exposure in a time when TCPA lawsuits continue to be filed in large numbers and FTC lawyers are aggressively enforcing the Telemarketing Sales Rule. Some courts have since held that a predictive …

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TCPA Claim Dismissed Based on Consent Grounds

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A federal court in Ohio recently granted a motion to dismiss a TCPA case because the plaintiff did not properly alleged that he did not provide consent to receive telephone calls. In Whiteacre v. Nations Lending Corp., et al., No. 19-CV-809, 2019 WL 3477262 (N.D. Ohio Jul. 31, 2019), the plaintiff alleged that defendants Nations …

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FTC and FDA Warning Letters Instructive for Cannabis Advertisers

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The Federal Trade Commission and the U.S. Food and Drug Administration recently sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping. Despite the fact that the letters focus upon nicotine content, they are more broadly instructive for cannabis advertisers. Consider that the letters discuss the lack of warnings about addiction …

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SCOTUS Limits Disclosure of Confidential Records Under FOIA

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On June 24, 2019, in the matter of Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that confidential commercial and financial information provided to the U.S. government by private parties is subject to exemption from disclosure under the Freedom of Information Act (“FOIA”), even though disclosure of that information would not …

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