May 2023 was a busy news month for telemarketing compliance and deliverability. Florida passed significant amendments to the Florida Telephone Solicitation Act (FTSA), Maryland and New Jersey passed new telemarketing laws, and the Federal Communications Commission (FCC) shut down a global gateway provider. In fact, so much happened that we were unable to find the… Continue reading May 2023 TCPA Grab Bag
Author: stefen
What to Know About Calling In Florida
Florida Governor Ron DeSantis signed amendments to the Florida Telephone Solicitation Act (FTSA) on May 26. As we have covered previously, these amendments greatly reduce the risks of the FTSA for callers. But the amendments do not create a free-for-all for marketers. There are still rules to follow and there are still risks to heed.… Continue reading What to Know About Calling In Florida
New Jersey Passes New Telemarketing Law Inspired By Seinfeld
New Jersey Governor Phil Murphy signed new telemarketing regulations into law this month. The law, which largely relates to identification requirements, was inspired by a scene in a 1992 episode of the sitcom Seinfeld.
FCC Orders Telecom Providers to Block Global Gateway Provider
The Federal Communications Commission (FCC) ordered voice service providers to block all traffic from One Eye, a global gateway telecom provider, due to what the FCC says is a persistent effort to facilitate illegal robocalls. This is the most drastic action that the FCC has taken against a carrier to date. It is also the… Continue reading FCC Orders Telecom Providers to Block Global Gateway Provider
Maryland Governor Signs Stop the Spam Calls Act of 2023 Into Law
Earlier this month, Maryland Governor Wes Moore signed the Stop the Spam Calls Act of 2023 into law, bringing new telemarketing regulations to the state. The law is mostly intended to prevent deceptive spoofing and unconsented marketing calls. The law’s main provision is a prohibition against using a prerecord voice or automated system to make… Continue reading Maryland Governor Signs Stop the Spam Calls Act of 2023 Into Law
Webinar Recap – FTSA Amendments
We recently hosted a webinar titled FTSA De-Fanged? Everything You Need to Know RIGHT NOW About the Amendments to Florida’s Dreaded Mini-TCPA. The webinar featured a panel of Eric J. Troutman, Partner at Troutman Amin, LLP; Jenniffer Cabrera, Associate at Troutman Amin, LLP; Aaron S. Weiss, Partner at Carlton Fields; and the host, Isaac Shloss,… Continue reading Webinar Recap – FTSA Amendments
Florida Legislature Amends FTSA, Greatly Reducing Danger of ATDS Claims
The Florida legislature has passed major amendments to the state’s main piece of telemarketing regulations, the Florida Telephone Solicitation Act (FTSA). The amednments undo many of the effects of the 2021 FTSA amendments that had turned it into one of the most dangerous state-level telemarketing statutes in the nation. The most notable change in these… Continue reading Florida Legislature Amends FTSA, Greatly Reducing Danger of ATDS Claims
TCPA Class Action Against L’Oréal Centers on Opt-Outs
This week, a plaintiff filed a Telephone Consumer Protection Act (TCPA) class action against cosmetics giant L’Oréal. The complaint alleges that the defendant failed to heed opt out requests and continued to send the plaintiff text messages. The plaintiff in Gilburd v. L’Oréal alleges that she received marketing text messages from L’Oréal and, at some… Continue reading TCPA Class Action Against L’Oréal Centers on Opt-Outs
Compliance Refresher: Calling Florida and Oklahoma
State-level telemarketing laws are nothing new. In fact, many states’ laws predate the federal Do Not Call (DNC) Registry and Telephone Consumer Protection Act (TCPA). But level of risk associated with state telemarketing regulations has increased precipitously in recent years, particularly in Florida and Oklahoma.
CMS Follows REACH’s Recommendation on TPMO Ruling
The Centers for Medicare and Medicaid Services (CMS) at the Department of Health and Human Services (HHS) have been considering policy and policy and technical changes for 2024. Among those potential changes was a rule that would have prevented third-party marketing organizations (TPMOs) from partnering with one another. Thankfully, it appears that CMS has opted… Continue reading CMS Follows REACH’s Recommendation on TPMO Ruling