News/Insights
Effective 4/8/24: One-Time Text Confirming Receipt Of Consent Revocation Now Permitted
Recently the FCC announced that, effective April 8, 2024, an entity is allowed to send a one-time, follow-up text message confirming its receipt of a person’s revocation of consent. Under the TCPA, certain...
H-1B Changes Ahead
USCIS recently announced several notable changes that will impact both the H-1B registration selection process, as well as H-1B petitions, generally. The final rule from the Department of Homeland Security (DHS) will go into effect on March 4, 2024. The change will be...
Effective 2/8/24: Use Of AI-Generated Voices Can Violate The TCPA
Today the FCC issued a ruling that artificial intelligence (“AI”)-generated voice calls can violate the TCPA. This isn’t particularly surprising, as it comes on the heels of FCC Chairwoman Jessica Rosenworcel recently proposing just that. It also comes just two days...
USCIS Announces Fee Changes
For the first time in 7 years, U.S. Citizenship and Immigration Services (USCIS) is adjusting its fees. The changes go into effect on April 1, 2024. Here are some of the notable changes: Green Card Renewal & Replacement applications (Form I-90) are decreasing from...
Understanding New Jersey’s New Data Privacy Law: Implications for Companies and Consumers
Welcome New Jersey to the illustrious club of states with their own data privacy regulations. The Garden State just became the 14th state to enact privacy legislation. The law is aimed at empowering consumers with greater control over their personal information. Of...
Federal Appeals Court Reverses When Trial Court Confuses the TCPA’s ATDS with DNC Rules
It has become fashionable to think of the TCPA as a monolithic beast that remedies all “unwanted” communications. But Congress’s law has a well-defined, two-part structure that courts are supposed to apply. As demonstrated in Jones v. Montachusetts Reg’l Transit...
DOL Reverts to Worker-Friendly Independent Contractor Test
The U.S. Department of Labor (DOL) recently published its latest Final Rule for determining whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA). The Final Rule rescinds the DOL’s 2021 rule and returns to the more...
Prerecorded vs Artificial Voice
In an earlier blog, we explained the two main pillars of the TCPA. To recap, Section 227(b) deals with autodialed, prerecorded, and artificial voice calls to cell phones and residential lines. If you’re going to make any of those calls, you need “prior express...
Understanding The Difference Between The National Do-Not-Call Registry And An Internal Do-Not-Call List
Under the Telephone Consumer Protection Act (“TCPA”), there are two types of do-not-call lists: company-specific do-not-call lists and the National Do Not Call Registry (“NDNCR”). They’re clearly not the same thing, and the differences matter, as the plaintiff in...
FTC Endorsements
On June 29, 2023, the Federal Trade Commission (“FTC”) published its highly anticipated Revised FTC Endorsement Guides. The updated Guides implemented significant changes to the previously published Endorsement Guides. This includes new guidance on disclosures, use of...
COPPA Changes
The FTC has long been focused on safety when it comes to marketing and advertising to children. After all, advertisers spend billions of dollars annually marketing to this demographic, using both traditional and emerging technology. In 2000, Congress enacted the...
Stateside Visas: Upcoming Pilot Program
After discontinuing stateside visa issuance in 2004, the Department of State will start a new stateside visa program starting January 29, 2024. Under this pilot program, certain H-1B visa holders may apply to renew their H-1B visa stamps without leaving the United...
Premium Processing Fees Increasing in February
Starting February 26, 2024, USCIS will require higher premium processing fees. For most categories, the fee will increase to $2,805, from its current $2,500. - R-1 (temporary religious workers) and H-2B (temporary seasonal workers) will increase to $1,685 (from the...
Update On Upcoming Changes To The FCC’s TCPA Regulations
On December 18, 2023, the Federal Communications Commission (“FCC”) issued an Order, linked here. The Order makes two major updates on upcoming changes to the FCC’s TCPA rules, 47 C.F.R. § 64.1200. First, it significantly restricts how one can get a consumer’s “prior...
The Two Pillars of TCPA Compliance
The TCPA (Telephone Consumer Protection Act) and the FCC’s (Federal Communications Commission) implementing regulations are full of technical requirements for calling and texting campaigns. They're are all built around two core pillars: Restrictions on...
