Last week, New York Governor Andrew Cuomo signed legislation expanding the state’s definition of telemarketing to explicitly include text messaging. The state’s restrictions on contacting residents whose phone numbers are on the Do Not Call (DNC) list now applies to text messages as well as voice calls. Previous versions of the state’s telemarketing regulations had… Continue reading New York Extends DNC List Restrictions to Text Messages
Author: stefen
Protect Yourself From Florida’s Mini-TCPA
Florida’s new telemarketing regulations have created a more dangerous version of the Telephone Consumer Protection Act (TCPA) down in the sunshine state and it is already ensnaring marketers. The first class action complaint was filed under the new law and it confirms what analysts most feared: TCPA-like penalties and a private right of action combined… Continue reading Protect Yourself From Florida’s Mini-TCPA
Post-Facebook TCPA Litigation Update
It has been three months since the Supreme Court’s monumental ruling in Facebook v. Duguid. Just as we did at the one month mark, we will examine some of the notable, recent Telephone Consumer Protection Act (TCPA) cases in order to discern the notable trends in TCPA litigation. The Facebook decision centered on setting a… Continue reading Post-Facebook TCPA Litigation Update
Summer Compliance News Roundup
2021 has already been an eventful year for compliance. A number of stories have understandably held the attention of the marketing and compliance industries, including Florida’s new telemarketing law and the ongoing consequences of the Supreme Court’s decision in Facebook v. Duguid. However, a number of other notable stories deserve some attention. This article will… Continue reading Summer Compliance News Roundup
New York COVID-19 State of Emergency to Expire on Thursday
New York Governor Andrew Cuomo announced on Wednesday that he would allow the COVID-19 state of emergency to expire. Governor Cuomo first declared the state of emergency on March 7, 2020 in response to the COVID-19 pandemic. Thanks to the state’s 2019 law, The Nuisance Call Act, this state of emergency triggered restrictions against telemarketing… Continue reading New York COVID-19 State of Emergency to Expire on Thursday
Consent Revocation: Masterclass Series Part 4 Rewind
Last week, Contact Center Compliance held the fourth and final episode in our Masterclass Series. This episode focused on the tricky topic of consent revocation. Hosted by Neal Kent, an expert panel featuring Eric J. Troutman from Squire Patton Boggs and TCPAWorld, Petrina A. McDaniel from Squire Patton Boggs and TCPAWorld, and Jeremy Gladstone from… Continue reading Consent Revocation: Masterclass Series Part 4 Rewind
Advocacy Groups Publish Open Letter Urging Biden to Fill Fifth FCC Slot
More than 50 advocacy groups have signed an open letter urging President Joe Biden to address one of the most prominent examples of inaction in the early months of his presidency: his failure to nominate a fifth Commissioner to the Federal Communications Commission (FCC). The signatories include consumer protection advocates, trade unions, and civil liberties… Continue reading Advocacy Groups Publish Open Letter Urging Biden to Fill Fifth FCC Slot
District Court Rules that Predictive Dialer is Not an ATDS
A District Court in South Carolina has issued a ruling in a Telephone Consumer Protection Act (TCPA) lawsuit that addresses one of the most important uncertainties in the wake of the Supreme Court’s decision in Facebook v. Duguid. At issue is whether or not predictive dialers fit within the narrow definition of an automatic telephone dialing system (ATDS) that SCOTUS adopted in its momentous decision two months ago.
Telemarketing and the Cannabis Industry
The legality of the cannabis industry varies wildly from state to state, and even between localities within individual states. Many cannabis companies spend considerable time and resources navigating this confusing legal and regulatory landscape. However, they often fail to understand another risky, similarly complex legal infrastructure: the world of telemarketing regulations.
Florida Legislature Passes New, TCPA-like, State-Level Telemarketing Bill
In late April, the Florida legislature passed a new telemarketing bill. The bill, CS/SB 1120, amends the state’s existing telemarketing laws—the Florida Telemarketing Act and the Florida Do Not Call Act—transforming them from fairly standard pieces of state-level Do Not Call (DNC) legislation to something more akin to a miniature Telephone Consumer Protection Act (TCPA).