The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out.
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Recently, the Governor of California signed the California Consumer Privacy Act of 2018. The Act introduces key privacy requirements for businesses, and was passed quickly by California lawmakers in an effort to remove a ballot initiative of the same name from the November 6, 2018, statewide ballot.
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On August 7, 2017, the FTC announced that it obtained a court order temporarily halting an online marketing scheme that deceptively lured shoppers into expensive negative option plans. The FTC alleged that defendants used initial low-cost trial offers to hook consumers into expensive monthly shipments without properly disclosing the terms and conditions of the deal or properly obtaining their consent.
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Recently, the United States Court of Appeals for the Second Circuit affirmed the district court’s finding in Reyes v. Lincoln Automotive Financial Services that a customer could not revoke prior express consent for purposes of the Telephone Consumer Protection Act (“TCPA”) if that consent was provided as consideration in a binding contract. In a ruling