Category: Uncategorized

The 11 States With State-Level DNC Lists

When the Federal Trade Commission (FTC) implemented the National Do Not Call (DNC) Registry in 2003, 32 states already managed their own DNC lists. In the ensuing years, most of those states chose to forgo the continued maintenance of state-specific lists and adopted the federal list. However, there remain 12 holdouts who continue to offer… Continue reading The 11 States With State-Level DNC Lists

New TCPA Class Certification May Spell Doom for Widely Used Method of Obtaining Consent

The most frequent point of emphasis for any Telephone Consumer Protection Act (TCPA) compliance strategy is to obtain proper consent. While nothing is foolproof with regards to the TCPA, properly obtained, well documented consent is an invaluable tool in defense of any TCPA litigation. However, the decision of a District Court to grant certification to… Continue reading New TCPA Class Certification May Spell Doom for Widely Used Method of Obtaining Consent

TCPA Violations: What Constitutes Harm?

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era. As a result, a significant portion of the responsibility for the evolution and clarification of regulatory efforts has been carried out through court opinion.

Many Courts Granting Stays in TCPA Cases Pending SCOTUS Decision in Facebook v. Duguid

Following December’s oral arguments, the entire telemarketing industry is awaiting the Supreme Court’s decision in Facebook v. Duguid. Apparently, many lower courts that hear Telephone Consumer Protection Act (TCPA) cases are doing so, as well. Continuing a trend that began after the Supreme Court first granted certification to Facebook’s appeal, numerous lower courts are granting… Continue reading Many Courts Granting Stays in TCPA Cases Pending SCOTUS Decision in Facebook v. Duguid

What Is a Robocall?

The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.

Three More Cannabis Dispensaries Sued for TCPA Violations

As the idiom goes, once is an exception, twice is a coincidence, thrice is a trend. Well, there are so many Telephone Consumer Protection Act (TCPA) complaints being filed against cannabis businesses that it is far beyond the realm of idiom. Three different TCPA class actions have been filed against cannabis dispensaries just within the state of California recently.

2021 February Restricted Do Not Call Dates

Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation:

State Restricted Do Not Call Dates

February 4, 2021 – Rosa Parks Remembrance Day

  • Pennsylvania

February 15, 2021 – Washington’s Birthday

  • Alabama*, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah**

February 16, 2021 – Lithuanian Independence Day

  • Pennsylvania

February 16, 2021 – Election Day*

  • Pennsylvania

February 16, 2021 – Mardi Gras

  • Alabama*, Louisiana **

Canadian Restricted Do Not Call Dates

February 15, 2021 – Family Day

  • British Columbia, Alberta, Saskatchewan, Ontario, New Brunswick

2021 TCPA Compliance Trends

There’s been a trend in outbound sales and lead generation over the last few years. You might describe it as a gradually constricting strangle on the ability of outbound call centers to actually get through to consumers. It’s no secret that this trend runs a parallel course with the trends of increasing TCPA compliance restrictions and other FCC led efforts to shield consumers from telemarketing abuse.

FCC Issues Declaratory Ruling on Pharmaceutical Trial Recruitment Calls

The Federal Communications Communication (FCC) granted a petition for a Declaratory Ruling relating to an exemption from the Telephone Consumer Protection Act (TCPA) for non-marketing calls aiming to recruit participants for pharmaceutical trials. The petition was originally filed by Acurian, Inc. in 2014. The ruling relates to an exemption from the TCPA’s restrictions against “making… Continue reading FCC Issues Declaratory Ruling on Pharmaceutical Trial Recruitment Calls