Category Archives: Direct Response

To Be or Not To Be An Autodialer? That is the TCPA Question

In “Telemarketers Celebrate Rare Regulatory Win” (April 2018), I discussed the D.C. Circuit Court of Appeals decision in ACA International v. FCC invalidating key parts of the Federal Communications Commission’s (“FCC”) 2015 Omnibus Order interpreting certain provisions of the Telephone … Continue reading

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FTC Gambles and Loses in DIRECTV Negative Option Case

Continuity marketing, featuring free trials with a negative option binding consumers to recurring charges until they cancel, has been a prominent target of Federal Trade Commission enforcement for years. These actions typically begin with a temporary restraining order and asset … Continue reading

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California to the Country on Data Privacy: We’re with Europe

In Europe to America on Data Privacy: We Rule, You Follow (June, 2018), I wrote that Europe’s sweeping new privacy law, the General Data Protection Regulation (“GDPR”), could become “the de facto data privacy standard in the United States, which … Continue reading

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