Amy Albanese

Oct 22, 2024 | jdsupra.com | Amy Albanese |Thomas Byrne |Francis Nolan

The United States Supreme Court will hear the case McLaughlin Chiropractic Associates Inc. v. McKesson Corporation, which poses the question of whether federal district courts, under the Hobbs Act, must adhere to the rulings of the Federal Communications Commission (FCC).

Aug 14, 2024 | jdsupra.com | Amy Albanese |Francis Nolan

On August 7, 2024, the Federal Communications Commission (FCC), continuing to build on last year’s Notice of Inquiry regarding AI-generated calls under the Telephone Consumer Protection Act (TCPA), unanimously issued a Notice of Proposed Rulemaking (NPRM) at its Open Meeting. The proposed rules would have wide-ranging implications for the use of AI and AI-generated calls by businesses.

Jun 3, 2024 | jdsupra.com | Amy Albanese |Thomas Byrne |Francis Nolan

On May 6, 2024, Georgia Governor Brian Kemp signed into law SB 73, which amends Georgia’s existing telemarketing laws, officially adding Georgia to the growing patchwork of states across the country that have introduced their own versions of the federal Telephone Consumer Protection Act, often referred to as “mini-TCPAs.” Businesses that telemarket in Georgia as part of their advertising and sales strategy should be aware of the new provisions in this mini-TCPA.

May 21, 2024 | jdsupra.com | Amy Albanese |Francis Nolan

On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an “automatic telephone dialing systems” (ATDS) under the Telephone Consumer Protection Act (TCPA). Nearly a decade in the making, the Soliman decision tracks the US Supreme Court’s landmark opinion in Facebook, Inc. v.

Apr 29, 2024 | corporatecomplianceinsights.com | Amy Albanese

For the first time in nearly a decade, the Federal Trade Commission has made sweeping changes to the Telemarketing Sales Rule aimed at addressing technological advances in the industry. These changes impose several new requirements related to recordkeeping in telemarketing transactions and will prohibit certain business-to-business statements. Frank Nolan and Amy Albanese of Eversheds Sutherland break down the details and what they mean for companies that use telemarketing.