Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.
Author: stefen
Michael Bloomberg’s Presidential Campaign Faces TCPA Suit
The 2020 presidential campaign for Michael Bloomberg, a billionaire media mogul and former New York City mayor, lasted barely more than 3 months and cost a reported $1 billion—mostly coming out of his own pocket. It seems possible that his campaign’s texting efforts may cost him some additional money as two individuals have filed a… Continue reading Michael Bloomberg’s Presidential Campaign Faces TCPA Suit
TRACED Act NPRM: FCC Will Review TCPA Exemptions
The Federal Communications Commission (FCC) has released a Notice of Proposed Rulemaking (NPRM) outlining the next steps in the Commission’s ongoing efforts to implement the TRACED Act. This next round of rulemaking specifically pertains to the TRACED Act’s requirement’s related to exemptions to the Telephone Consumer Protection Act’s (TCPA) consent requirements for the use of… Continue reading TRACED Act NPRM: FCC Will Review TCPA Exemptions
District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020
A district court in Louisiana has rendered an unexpected decision in a Telephone Consumer Protection Act (TCPA) class action that interprets the Supreme Court’s recent Barr v. American Association of Political Callers decision such that it retroactively renders the TCPA unconstitutional from November 2015 until June of this year. Barr v. AAPC centered on an… Continue reading District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020
FTC Fines VoIP Service Provider $2 Million for TSR Violations
The Federal Trade Commission (FTC) and the State of Ohio have announced that they are fining Globex Telecom, Inc.—a Voice over Internet Protocol (VoIP) service provider—approximately $2 million for violating multiple consumer protection regulations, including the Telemarketing Sales Rule (TSR) and Ohio’s Telephone Solicitation Sales Act. Globex, their former president and CEO Mohammed Souheil, and… Continue reading FTC Fines VoIP Service Provider $2 Million for TSR Violations
Top 5 TCPA Traps
TCPA litigators and serial plaintiffs want to infiltrate your marketing campaigns. Their modus operandi involves taking advantage of unsuspecting marketers and well-intentioned companies who may not know that they are required to abide by the TCPA.
FCC Adopts Previously Proposed SHAKEN/STIR Rules
Two weeks ago, we reported that the Federal Communications Commission (FCC) had proposed new rules relating to the implementation of SHAKEN/STIR call authentication protocols as a part of the Commission’s ongoing efforts to put the TRACED Act into practice. At the time, the FCC announced that it would vote on whether or not to officially… Continue reading FCC Adopts Previously Proposed SHAKEN/STIR Rules
Court Rules That Cluttered Website Invalidates Arbitration Clause
Arbitration clauses can be a useful tool for Telephone Consumer Protection Act (TCPA) defendants but, as a recent Second Circuit decision demonstrates, the details of how they are implemented matter a great deal for their enforceability. In this particular case, the arbitration clause was not found to be enforceable because of issues with the design… Continue reading Court Rules That Cluttered Website Invalidates Arbitration Clause
New Proposed FCC Order Continues Implementation of STIR/SHAKEN
Last week, Federal Communications Commission (FCC) Chairman Ajit Pai released a proposed Second Report and Order relating to the implementation of STIR/SHAKEN call authentication protocols as mandated by last year’s TRACED Act. According to the fact sheet that the FCC released, the order would do the following, if adopted: Require voice service providers to either… Continue reading New Proposed FCC Order Continues Implementation of STIR/SHAKEN
California Legislature Passes Debt Collection Licensure Law
This week, both houses of the California state legislature passed the Debt Collection Licensing Act (SB 908), a bill that makes California one of 35 states to require a license in order to practice debt collection. Governor Gavin Newsom is expected to sign the bill into law. Deriving its authority from an existing law, the… Continue reading California Legislature Passes Debt Collection Licensure Law