PrivacySpeak

Navigating the world of telemarketing, data privacy & AI

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Kellie Bubeck Kellie Bubeck

Amazon Hit With $2.5B FTC Settlement Over Subscriptions

The Federal Trade Commission (FTC) just announced a record-breaking $2.5 billion settlement with Amazon that requires the company to change its practices by paying $1 billion in civil penalties, refunding $1.5 billion to consumers, and ending deceptive enrollment and cancellation practices for Prime.

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Kellie Bubeck Kellie Bubeck

Crabcakes & Football (& Privacy): That’s What Maryland Does

Maryland just added another square to the patchwork quilt of state laws with the Maryland Online Data Privacy Act (MODPA), which takes effect October 1, 2025. If you sell to Marylanders, advertise there, or have users signing up from Maryland, this law just landed on your compliance roadmap.

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Kellie Bubeck Kellie Bubeck

Privacy Sweep Alert: Global Privacy Control Enforcement Goes Multi-State

Three states just sent a clear message to businesses: honor consumer privacy rights or expect an investigation. On September 9, California, Colorado, and Connecticut announced a coordinated privacy sweep targeting companies that are ignoring requests to stop selling or sharing personal data.

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Kellie Bubeck Kellie Bubeck

FTC Raises Do Not Call Fees: Does It Even Apply to You?

The Federal Trade Commission (FTC) just announced new fees for telemarketers accessing the National Do Not Call (DNC) Registry. The updated fees, which take effect October 1, 2025, are going up slightly. But here is the bigger point: not every business is actually required to purchase access to these lists in the first place.

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Kellie Bubeck Kellie Bubeck

Another Court Says Plain Meaning Matters: Calls Are Not Texts

Two courts. One message. Post-McLaughlin, some judges are making it clear: text messages are not “telephone calls” under the TCPA. In Davis v. CVS Pharmacy, Inc., No. 4:24-cv-477-AW-MAF, 2025 U.S. Dist. LEXIS 167366 (N.D. Fla. Aug. 26, 2025), the plaintiff claimed CVS Pharmacy sent him two unsolicited texts while his number was on the National Do Not Call Registry. But he didn’t allege a single call.

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Kellie Bubeck Kellie Bubeck

Get Ready: Texas SB 140 Takes Effect in One Week

While Texas already prohibits the use of an “automated dial announcing device” (ADAD) to make a sales call without consent, starting September 1, SB 140 expands its telemarketing rules, creating a new private right of action under the Deceptive Trade Practices Act (DTPA), broadening definitions, and increasing penalties for violations.

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Kellie Bubeck Kellie Bubeck

From Hurricanes to Wildfires: States Restrict Telemarketing in Emergencies

With Hurricane Erin making landfall on the East Coast today, many businesses are scrambling to adjust operations. One area that often gets overlooked during natural disasters is telemarketing compliance. In some states, it’s actually illegal to make certain sales calls during a declared state of emergency.

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Kellie Bubeck Kellie Bubeck

Court Rules Tech Doesn’t Matter, How You Use Your Phone Does Under TCPA

If you’re like most people, your cell phone is glued to your side 24/7. But does the TCPA’s protection for “residential telephone subscribers” apply to cell phones? Before the Supreme Court’s recent decision in McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., 606 U.S. 146 (2025), the answer was clear. Now, courts are being forced to take another look.

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Kellie Bubeck Kellie Bubeck

FTC Crackdown Hits Lead Sellers With $145M in Settlements

The Federal Trade Commission has made it clear: “A priority at the FTC is coherently and systematically addressing unlawful lead generation. Businesses should know the FTC will take action when lead generators break the law, engage in unlawful deception, and harm the American people.”

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Kellie Bubeck Kellie Bubeck

Congress Targets Offshore Call Centers in New Bipartisan Bill

Senators Ruben Gallego (D-AZ) and Jim Justice (R-WV) introduced the Keep Call Centers in America Act, a bipartisan bill designed to discourage companies from sending customer service jobs overseas. If your business operates a call center or contracts with third parties to handle customer support, this bill may soon affect your eligibility for federal funds, contracts, and more.

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Kellie Bubeck Kellie Bubeck

Are Political Texts Legal? What You Need to Know Before November

With primaries heating up and the fall general election just around the corner, your phone is likely lighting up with political texts—requests for donations, reminders to vote, or messages promoting a particular candidate. While some people may find these messages informative, many consider them annoying. But are they actually illegal?

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Kellie Bubeck Kellie Bubeck

Good News for Marketers? Court Finds Texts Don’t Violate Do-Not-Call Rules

A federal court has ruled that the National Do Not Call Registry does not apply to texts. In Jones v. Blackstone Medical Services, LLC, No. 1:24-cv-01074-JEH-RLH, 2025 U.S. Dist. LEXIS 138371 (C.D. Ill. July 21, 2025), the court held that the “do-not-call” provision of the Telephone Consumer Protection Act (TCPA) applies only to phone calls and not texts.

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Kellie Bubeck Kellie Bubeck

Your Marketing Texts Might Be Illegal (And You Probably Don’t Know Why)

A new court ruling says you can be sued just for leaving your company name out of a text. Yes, really. In Newell v. JR Capital LLC, No. 25-1419 (E.D. Pa. July 16, 2025), a judge held that a consumer could sue under the TCPA because the company sent five marketing texts that didn’t include its name.

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Kellie Bubeck Kellie Bubeck

Summer Bummer: UnitedHealthcare Settles TCPA Case for $3.5M

If you want to avoid a TCPA class action, start with two simple rules. First, hire a lawyer who focuses on TCPA and telemarketing compliance from the start. Second, don’t use a prerecorded voice. That choice puts the burden on you to prove prior express written consent for marketing calls, a standard many companies can’t meet cleanly. If you’re using prerecorded messages without airtight documentation, you’re making yourself a target.

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Kellie Bubeck Kellie Bubeck

Texas Launches an AI Sandbox—and It Could Be a Game Changer

Texas has officially joined the wave of states trying to wrangle artificial intelligence. On June 22, 2025, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) was signed into law and takes effect January 1, 2026. It’s a big step toward regulating how AI is developed and used in Texas, especially by government agencies.

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The content of PrivacySpeak is not legal advice and should not be used as a substitute for consulting with a qualified attorney. Information provided may not apply to all jurisdictions and may be subject to change. © 2025 Bubeck Law LLC