47 CFR 64.1200 - Delivery restrictions
| Cite as | 47 CFR 64.1200 |
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1303 practice notes
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Federal Trade Commission,
...to its mandate under the TCPA.\235\ \235\ P.L. 102-243, 105 Stat. 2394, codified at 47 U.S.C. 227. The FCC's regulations are set out at 47 CFR 64.1200. The Commission proposes to modify the original Rule to effectuate the USA PATRIOT Act amendments, and to provide consumers with an alternat......
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Telemarketing sales rule,
...regarding any item contained in Sec. 310.3(d) if the solicitation is for a charitable contribution). \80\ See Worsham-NPRM at 6. \81\ 47 CFR 64.1200(a)(2). \82\ 47 CFR Section 310.2 -- Definitions. The amended Rule retains the following definitions from the original Rule unchanged, apart fr......
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Response programs for unauthorized access to customer information and customer notice; interagency guidance,
...voice to deliver a message, without the prior express consent of the called party, unless such call is for ``emergency purposes.'' \33\ 47 CFR 64.1200. The final Guidance does not address the TCPA, because the TCPA is interpreted by the Federal Communications Commission (FCC), and the FCC h......
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Telemarketing Sales Rule
...\447\ Telemarketing Sales Rule Fees, 68 FR 45134, 45136 nn.29-30 (July 31, 2003) (citing 47 CFR 64.1200(c)(2)(i)(E), as amended July 3, 2003)). The prohibition is necessary because ``allowing telemarketers and others to share the information obtained from the national registry would threate......
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1015 cases
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Holmes v. BACK DOCTORS, LTD., Civil No. 09-540-GPM.
...Consumer Protection Act of 1991; Junk Fax Prevention Act of 2005, 71 Fed. Reg. 25967-01, 25973 (May 3, 2006) (to be codified at 47 C.F.R. § 64.1200)). After dismissing Holmes's TCPA claim, the Court declined to exercise supplement jurisdiction over Holmes's claims for conversion 695 F. Supp......
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Kaufman v. Acs Systems, Inc., No. B155804.
...Sept. 17, 1992; released Oct. 16, 1992) 7 F.C.C.R. 8752, appen. B, 1992 WL 690928 [1992 F.C.C. Lexis 7019, pp.**87-**95], codified at 47 C.F.R. § 64.1200 (2003).) 4. Interplay Between State and Federal Law In 1992, the California Legislature enacted section 17538.4 as a stopgap measure to p......
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Magana Cathcart McCarthy v. Cb Richard Ellis, Inc., No. B203777.
...Act. (Rules and Regs. Implementing the Telephone Consumer Protection Act of 1991, Report and Order (1992) 7 F.C.C.R. 8752; see also 47 C.F.R. § 64.1200 (2008).) In a footnote to the Report and Order for those rules, the FCC explained that "[i]n banning telephone facsimile advertisements, th......
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State ex rel. Stenehjem v. Freeeats.Com, Inc., No. 20050171.
...not made for a commercial purpose from the TCPA's general prohibition on calls using an artificial or prerecorded voice message. 47 C.F.R. § 64.1200(a)(2)(ii) (2005). FreeEats contends the political polling calls at issue in this case were not made for a commercial purpose, and were therefo......
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192 firm's commentaries
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BakerHostetler 2013 Year-End Review of Class Actions (and what to expect in 2014)
...for Holtzman kept an electronic log of all of the fax numbers that had successfully received the 148 47 U.S.C. § 227(b)(1). 149 47 C.F.R. § 64.1200(f)(8). 150 Id. 151 728 F.3d 682 (7th Cir. 2013). 152 47 U.S.C. 227(b)(3)(B).-40 -advertisements. So there would be no individualized inquiry pr......
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Statutory Class Actions: Developments and Strategies
...Rcd. 1830, 1831 (2012). The TCPA places restrictions on certain telemarketing calls, text messages, and faxes. See 47 U.S.C.A. § 227; 47 C.F.R. § 64.1200. The TCPA also provides consumers with a private right of action under which a consumer may recover between $500 and $1,500 for every vio......
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Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation
...Consumer and Governmental Affairs Bureau within the FCC issued the March 20, 2020 declaratory ruling.2 47 U.S.C. § 227(b)(1)(A)-(B).3 47 C.F.R. § 64.1200(f)(4).4 See 7 FCC Rcd. 8752, 8788 (1992).5 Mar. 20, 2020 Ruling at ¶ 7.With myriad other pressing issues pending before it, including the......
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Redial: 2019 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation
...within the previous 18 months, or (b) the consumer inquired about the seller’s goods/services within the previous three months.1 47 C.F.R. § 64.1200(d).2 16 C.F.R. § 310.4(b)(iii)(B)(2).3 47 C.F.R. § 64.1200(c)(2).State DNC rules can vary, however, on the scope of the EBR exception. Althoug......
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4 books & journal articles
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The "strangest statute" Chief Justice Roberts has seen: uncertainties of litigating TCPA "junk fax" class actions.
...2008) ("The TCPA is essentially a strict liability statute which imposes liability for erroneous unsolicited faxes."). (15) 47 C.F.R. 64.1200(f)(10) (emphasis added). See also In the Matter of Rules and Regulations Implementing the Tele phone Consumer Protection Act of 1991, 21 FC......
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Direct marketing, mobile phones, and consumer privacy: ensuring adequate disclosure and consent mechanisms for emerging mobile advertising practices.
...Do Not Call Registry or made a company-specific do-not-call request. See generally 47 C.F.R. [section] 64.1200 (c)-(d). (167.) 47 C.F.R. 64.1200(a)(2). (168.) 47 U.S.C. [section] 227(a)(4). The regulations also exclude calls for emergency purposes, calls that are not made for a commercial p......
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Privacy
...from certain forms of telephone solicitation, which has developed into a common annoyance in U.S. households. Under these regulations (47 C.F.R. § 64.1200), a company may not initiate a telephone call by using an automatic dialing system or an artificial or prerecorded voice without prior c......
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Faxes and e-mail: don't forget the opt outs!(CAN-SPAM Act of 2003)
...likely be flooded with spam, which would defeat the purpose. Advertisements sent via fax fall under the Junk Fax Prevention Act of 2005. [47 CFR 64.1200] To send an ad via fax, though, the recipient must have an "established business relationship" with the sender (meaning permissi......