One of the stranger sagas of the first year of Joe Biden’s presidency is his failure to nominate a permanent chair and fifth commissioner to the Federal Communications Commission (FCC). We covered this issue back in June when more than 50 advocacy groups published an open letter urging the president to fill the open slot.… Continue reading The Epistolary FCC: Open Letters From the Senate To and About the FCC
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New York State Disaster Emergency Telemarketing Restrictions Extended Through October 23
Thanks to an executive order by the governor, it is illegal to make telemarketing calls into New York until October 23.
2021 October Restricted Do Not Call Dates
State Restricted Do Not Call Dates
October 11, 2021 – Columbus Day
- Alabama*, Louisiana, Pennsylvania, Rhode Island, Utah
Canadian Restricted Do Not Call Dates
October 11, 2021 – Thanksgiving Day
- National
State of Emergency in Louisiana Call Prohibition Released
Effective Friday, September 17, 2021, @ 6 PM CST, conditions of tropical storm Ida will allow the release of the LPSC from mandatory EOC presence. Telephonic solicitations into the state can resume in compliance with the general provisions of the LPSC Do Not Call Program General Order, LPSC General Order R-29617, at that time.
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.
Ban on Telemarketing in New York Continues
New York Governor Kathy Hochul has instituted a disaster emergency due to a storm. That disaster emergency triggers telemarketing restrictions.
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
State of Emergency Declared in Louisiana – All Telephonic Solicitation Prohibited
Louisiana has declared an emergency that prohibits unsolicited telemarketing calls into the state effective Sunday, August 29, 2021, at 4:00 AM PT. We will notify you once the prohibition has been lifted. In response to the state declaration of emergency in preparation for Tropical Storm/Hurricane IDA, the Louisiana Public Service Commission has been required to… Continue reading State of Emergency Declared in Louisiana – All Telephonic Solicitation Prohibited
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