Effective Monday, 11/02/2020 @ 6PM CST, conditions of the storm will allow the release of the LPSC from mandatory EOC presence. Telephonic solicitations into the state can resume in compliance with the general provisions the LPSC Do Not Call Program General Order, LPSC General Order R-29617, at that time.
Category: Uncategorized
CFPB Releases Final Debt Collection Rule
The Consumer Financial Protection Bureau (CFPB) released the final version of a debt collection rule that was last seen in proposed form back in May 2019. The rule, known as Regulation F, is a major update to the Fair Debt Collection Practices Act (FDCPA). This 653-page rule primarily serves to address how the law applies to… Continue reading CFPB Releases Final Debt Collection Rule
Another District Court Rules TCPA Retroactively Unconstitutional
Last month, a district court in Louisiana handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) that effectively rendered the law to be unenforceable for any alleged violations committed during a nearly five-year-long span of time. Now a district court in Ohio has handed down a similar ruling in another TCPA class… Continue reading Another District Court Rules TCPA Retroactively Unconstitutional
President Trump’s Campaign Faces Another TCPA Complaint
While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS). This is… Continue reading President Trump’s Campaign Faces Another TCPA Complaint
State of Emergency Declared in Louisiana
Louisiana has declared an emergency that prohibits unsolicited telemarketing calls into the state effective 6 AM CST October 28, 2020.
The state of emergency extends from October 26, 2020 through November 24, 2020, unless terminated sooner. The prohibition of telephonic solicitations will remain in effect until the EOC releases the LPSC from this mandatory reporting status.
2020 November Restricted Do Not Call Dates
State Restricted Do Not Call Dates
November 1, 2020 – All Saints Day
- Louisiana – Statutory, not enforced
November 3, 2020 – Election Day
- Rhode Island
- Pennsylvania
- Louisiana – Statutory, not enforced
November 11, 2020 – Veterans Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
November 26, 2020 – Thanksgiving Day
- Alabama, Louisiana, Mississippi, Rhode Island, Utah
November 27, 2020 – *Acadian Day
- Louisiana*
*may be proclaimed by the governor.
Canadian Restricted Do Not Call Dates
November 11, 2019 – Remembrance Day
- National
Political Survey Triggers TCPA Class Action
In our previous coverage of the intersections between politics and the Telephone Consumer Protection Act (TCPA), we have largely focused on lawsuits faced by campaigns for elected office, such as those conducted by President Trump and Michael Bloomberg. But a recent TCPA class action—Drew v. Am. Directions Research, Grp., Case No. 20-cv-00402, 2020 U.S. Dist. LEXIS 191780 (N.D. Ill. October 16, 2020)—demonstrates how the risk of TCPA liability extends to other sorts of political communications, namely voter surveys.
Car Dealerships Settle TCPA Class Action for $850,000
A group of car dealerships settled a Telephone Consumer Protection Act (TCPA) class action—King v. Classic Chevrolet, Case No.: 4:19-CV-0429-CVE-JFJ, 2020 U.S. Dist. LEXIS 189783 (N.D. Ok. October 14, 2020)—stemming from alleged text message marketing violations. The defendants settled for $850,000, which is actually something of discount, considering the alleged violations involved texts to 118,000… Continue reading Car Dealerships Settle TCPA Class Action for $850,000
State of Emergency in Louisiana Call Prohibition Released
Effective Tuesday, 10/13/2020 @ 6 PM CST, conditions of the storm allowed the release of the LPSC from mandatory EOC presence. Telephonic solicitations into the state can resume in compliance with the general provisions the LPSC Do Not Call Program General Order, LPSC General Order R-29617, at this time.
TCPA vs. DNC
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.