Law World 421

Would you please review the 50-State Survey of Telemarketing Laws document and identify whether or not there are any states missing from the list in the document? Then, send me the list the of missing states that have enhanced senior protections. Write out your reply in here.

Can you please let me know if we are likely to succeed in getting a TCPA class action against SLL dismissed through a Rule 12 motion? Give me a brief explanation (in one or two sentences) and let me know what argument is the most effective for pursuing any such motion in our case. Please also tell me what alternative defence is most likely to succeed if we were to go forward without any Rule 12 motions.

Please check these four faxes (sent on December 4, 2025) and for each one that isn't compliant, state which subsection(s) of the TCPA it violates. Note that every recipient consented to the receipt of the faxes. Respond to me with the information that I requested.

We have a call tomorrow with SLL. To help me prepare, can you tell me whether SLL’s new text marketing campaign meets the strictest consent requirements of the TCPA? And is this legal standard still current? Please write out your answer to me here, including any explanations in a few paragraphs. FYI here are my background notes from the initial email they sent this week: Senior Living Lending, Inc. ("SLL") is a lender that focuses on mortgage solutions for seniors, reverse mortgages and non-traditional home equity lines of credit ("HELOC"). SLL partnered with “Fall Less,” a same-day walk-in-shower installer, on a joint marketing campaign. The companies emailed their combined subscriber lists, offering special access to a No Appraisal Needed HELOC for senior home modifications (e.g., ramps, showers). Customers who entered their mobile numbers and names also clicked a box to consent to receive promotional materials, including automated texts, from both companies. The consent form prominently stated “Not a Condition of Purchase,” displayed both brands, and noted that customers may opt out at any time. The companies received hundreds of mobile numbers from the email campaign.

Can you create a GLBA-compliant privacy framework (and put it in a CONCISE documents document that you create new) for SLL's text messaging program that addresses initial privacy notice delivery via SMS, opt-out rights for non-public personal information sharing, annual notice requirements, and simplified notice eligibility?

Our client, SLL, needs to understand whether their new customer marketing initiative is legal and what risks are likely. In this initiative, SLL is creating marketing texts and sending them to customers based on the customers' fun facts. For example, an SLL client named Stori confirmed in a conversation with her loan officer that she gave her permission to receive these texts and is looking forward to receiving them. Her loan officer has the texts scheduled to go out on Fridays based on the theme of the Stori's favorite cheesecake recipe. Reply to me with a memo I can review and send to SLL about the propriety of this outreach, possible risks you foresee, and your recommendations for safeguards.

Our client, SLL, offers discounts to senior clients who opt into receiving texts about new products and services when they apply for loans from SLL. A prospective customer, Angie, agreed to receive marketing texts for a 10% discount on a mortgage for her crafts store and verbally told her loan officer that he may communicate updates and concessions from SLL via text. Angie is now filing a complaint against SLL for causing her to be “inundated with texts.” She claims that the discount is coercive for elders. Can you analyze the merits of Angie's complaint? Please reply to me with a short summary of your conclusions and a brief explanation in reference to the attached memo, laws, and SLL's policies (assume they were followed) in a few paragraphs.

We received a complaint from Barbara Smith who alleges that SLL sent eleven text messages to a cell phone number that she had placed on the National Do-Not-Call Registry and provided to her eighty-five year old mother. Her mother opted-in to receive automated promotional messages through a webform after clicking on an advertisement. Can you review all analogous cases to the issue and determine whether SLL can be held liable for sending these text messages? Please briefly explain your conclusion on SLL’s liability in one or two sentences. I would also like you to give me the three most applicable cases and their holdings. Write your answer to me here.

Our client, Senior Living Lending, Inc. ("SLL") is a reverse mortgage and home equity line of credit lender. They want to implement a telemarketing program that relies heavily upon texting potential borrowers. SLL has heard that financial institutions are exempt from the Telemarketing Sales Rule ("TSR"). Reply in here, explaining whether they are exempt from the TSR.

We've just received an MRA from the CFPB for our policies and procedures, so I need your help to draft our response. Can you let me know if our Complaint Response and Regulatory Investigation Protocols fail to meet any of the examination objectives for policies and procedures that are outlined by the CFPB’s compliance management review? For each objective identified, please include an explanation in one or two sentences and note if SLL has likely addressed the objective through another document. Write your draft here as a reply.

SLL received a complaint from a customer regarding our text message campaign (which promotes a reverse mortgage product to existing HELOC customers that are 62 years or older). The customer received two texts from us (SLL): 1) he received the initial text at 4:00pm EST on Monday, so he clicked the link to the application form and applied. 2) he received an Adverse Action Notice via text at 11:00pm EST the following day. The customer claims he was targeted and denied in violation of US federal laws (he didn’t specify which law). He also threatened to file a complaint with the FTC. Can you please research and determine if either of the texts sent to the customer violated any U.S. federal laws? Please send me a short response right here, analyzing the issues and identifying whether any laws were violated.

Senior Living Lending, Inc. ("SLL") emailed me because they are concerned that responses to their ad campaigns may fall under the Telemarketing Sales Rule (“TSR”). Can you please draft the content for a reply that I can send? Please include any relevant definitions. Write out your answer here. Here's the relevant part of their email for reference: Will the TSR requirements apply when we receive calls or texts from potential buyers in response to those print ads and online banners?

We just received a Civil Investigative Demand from the Federal Communications Commission (“FCC”) regarding our text marketing campaign to promote our reverse mortgage product. The interrogatories indicate that we utilized an automated telephone dialing system to send text messages to 78,000 seniors without securing their express written consent in violation of the Telephone Consumer Protection Act (“TCPA”). 6,430 of those seniors opted out of text communications previously, 526 are on the Do Not Call Registry, 1000 were texted by a third-party marketing agency we hired to promote the product, and 650 were texted customers of SLL being notified of a data breach. I anticipate that we will be fined and that the fine will include both “willful or knowing” and “National Do Not Call Registry” violations. Please calculate the total maximum amount that SLL will be fined (based on the current fine amounts in December 2025) and send it back to me. Also break down the fine into its "National Do Not Call Registry" and TCPA components. If needed, round the amounts to the nearest dollar. Concisely explain your reasoning. Just print the answer straight back here.