State Restricted Do Not Call Dates
September 6, 2021 – Labor Day
Canadian Restricted Do Not Call Dates
September 6, 2021 – Labour Day
September 30, 2021 – National Day for Truth and Reconciliation*
* Statutory holiday for employees in the federal government and federally regulated workplaces only.
Outgoing New York Governor has issued multiple disaster emergency executive orders that trigger the state’s telemarketing restrictions through at least September 4.
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
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
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.
State Restricted Do Not Call Dates
August 9, 2021 – Victory Day
Canadian Restricted Do Not Call Dates
August 2, 2021 – Civic Holiday
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
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
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
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
