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Author: Jeff HuberV2
TCPA Compliance Case Update: Favorable ruling in California on ATDS Issue and Fax Opt Out Clarified by FCC
In the case of Marks v. Crunch Sand Diego, LLC., the court held that the defendant’s web-based system that was used to send text messages was not an automatic telephone dialing system.
TCPA Wireless Compliance Cliff: Lessons Learned One Year Later
One year ago today, significant TCPA changes involving cell phones and autodialers went into effect, forever changing our industry. So, what is the state of the regulatory environment one year after the TCPA compliance cliff?
Watch out when Calling VoIP phone numbers. TCPA Case Makes it More Dangerous than Ever
The district court found that the TCPA provision that prohibits calls to “any telephone number assigned to … any service for which the called party is charged for the call” applied to the calls to the plaintiff’s VOIP line because the plaintiff was charged per call.
Updates on Consent in Recent TCPA Cases
Albert A. Nigro v. Mercantile Adjustment Bureau. The FCC argued in their brief that the plaintiff had not consented to receive autodialed or prerecorded debt collection calls, by providing their number to the utility company as part of his effort to close a deceased family members’ account.
Court Struggles in Interpreting the TCPA
On July 7, the District Court for the Northern District of Illinois in Kolinek v. Walgreen Co. issued an order vacating its earlier order dismissing the case. The court found that it had previously misinterpreted the FCC’s definition of “prior express consent.” The court’s previous decision had effectively held that as a general rule, “when… Continue reading Court Struggles in Interpreting the TCPA
Two recent decisions in the Ninth Circuit
Thomas v. Taco Bell Corp. the Ninth Circuit recently upheld a lower court’s decision declining to extend vicarious liability under agency principles to the defendant in the case. Sherman v. Yahoo! Inc., denied a request by the defendant to reconsider the court’s earlier order denying summary judgment.
Canada Updates DNC Rules
After completing their review of the Unsolicited Telecommunications Rules (UTR), the Canadian Radio-television and Telecommunications Commission (CRTC) has announced several changes that telemarketers who send calls of faxes into Canada need to pay attention to. Effective June 30, 2014 the grace period for adding a number to an internal do-not-call-list (“DNCL”) list is reduced from… Continue reading Canada Updates DNC Rules
Canadian New Anit-Spam Rules Take Effect
Canada’s anti-spam legislation (“CASL”) comes into force on July 1, 2014. The new law requires prior express and informed consent to send any type of regulated electronic message through any current or future technology.
Manual Calling Guide for Cell Phones
While we by no means wish to deemphasize the importance of complying with these requirements, it is also important to note that some states have laws that can be even more restrictive.