Thanks to an executive order by the governor, it is illegal to make telemarketing calls into New York until October 23.
Author: stefen
Appeals Court Rules That TCPA Was Constitutional Between 2015 and 2020
A U.S. Circuit Court of Appeals has finally weighed in on one of the most significant current legal questions regarding the Telephone Consumer Protection Act (TCPA) and has handed down an unfavorable ruling to callers.
Florida’s Mini-TCPA Litigation Focuses on Text Messaging
Since Governor Ron DeSantis signed it into law on June 30, Florida’s new telemarketing law—officially known as CS/SB1120 but colloquially known as Florida’s Mini-TCPA—has been a source of concern for marketers in Florida and marketers who contact Florida residents. The first batch of mini-TCPA litigation has justified those concerns, particularly regarding text message marketing. Looking… Continue reading Florida’s Mini-TCPA Litigation Focuses on Text Messaging
FTC to Increase DNC List Fees on October 1
On Tuesday, the Federal Trade Commission (FTC) announced that it will be increasing the fees associated with the National Do Not Call (DNC) Registry for the fiscal year 2022. DNC List fees are assessed on a per-area code basis. The fee will be increased from $66 per area code in FY 2021 to $69 per… Continue reading FTC to Increase DNC List Fees on October 1
Plaintiff Attorney Files Multiple Lawsuits Against a Single Defendant Totaling $10 Billion
Two of our points of emphasis for Telephone Consumer Protection Act (TCPA) compliance are: 1) litigators can be extremely tricky; and 2) the TCPA can be very expensive. A series of recent lawsuits against a single defendant all by a single plaintiff’s attorney illustrate these points. The litigator used some very unusual methods to gather… Continue reading Plaintiff Attorney Files Multiple Lawsuits Against a Single Defendant Totaling $10 Billion
Ban on Telemarketing in New York State In Effect Due to State of Emergency Declarations
Outgoing New York Governor has issued multiple disaster emergency executive orders that trigger the state’s telemarketing restrictions through at least September 4.
Court Finds Insurance Company Can Be Held Liable for TCPA Violations Committed by Lead Generator
The Seventh Circuit Court of Appeals handed down a ruling in a Telephone Consumer Protection Act (TCPA) lawsuit that sets a potentially dangerous precedent with regards to sellers being held vicariously liable for the actions of lead generators. The case—Bilek v. Federal Insurance Company—involves an insurance company that hired a marketer to promote its insurance… Continue reading Court Finds Insurance Company Can Be Held Liable for TCPA Violations Committed by Lead Generator
Arbitrator Rules That Plaintiffs in Manufactured TCPA Lawsuit Must Pay Defendants $286,000
In a reversal from how these things usually go, an arbitrator has ruled that the plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit must pay the defendant $286,064.62. The arbitrator determined that this serial plaintiff had perpetrated a scheme in which he induced the defendant to call him over 600 times in order to… Continue reading Arbitrator Rules That Plaintiffs in Manufactured TCPA Lawsuit Must Pay Defendants $286,000
Call Deliverability Is a Priority for Marketers in the STIR/SHAKEN Era
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991—eons ago with regards to telecommunications technology. At the time that the law was drafted and passed, one of the primary regulatory concerns was the then-prevalent practice of sending junk faxes. Now, in the smartphone era, regulators are far more concerned with robocalls.
FTC Fines New Jersey Septic Tank Cleaning Company $1.6 Million for DNC Violations
The Federal Trade Commission (FTC) reached an agreement with the owners of a New Jersey-based septic tank cleaning supplies company over robocall violations. The owners of the company will pay a fine of $1.6 million, accept a permanent ban on telemarketing, and turn over a residential property. The company is owned by three brothers named… Continue reading FTC Fines New Jersey Septic Tank Cleaning Company $1.6 Million for DNC Violations