Litigators and professional plaintiffs employ a variety of tricks in order to entrap callers into Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) list violations. One of the most dangerous ploys is also one of the simplest: the dual-purpose phone line. Sometimes referred to as “mixed-use” lines, the deal-purpose line gambit works as… Continue reading Double Trouble: Dual-Purpose Phone Lines Present Significant Risks to Callers
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Who Needs a SAN?
Any company who is calling or texting is required by law to suppress phone numbers against the National Do Not Call (DNC) Registry. A SAN (Subscription Account Number) must be purchased and renewed annually in order to download the DNC registry. Many callers find the rules relating to and process for acquiring a SAN to… Continue reading Who Needs a SAN?
FCC Clarifies COVID-19 TCPA Emergency Purposes Declaratory Ruling
The Federal Communications Commission (FCC) issued a public notice yesterday clarifying the scope of the commission’s March 20, 2020 Declaratory Ruling about the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA) as it pertains to the COVID-19 pandemic. The clarification is in regards to calls about plasma donation. In the March 20 declaration,… Continue reading FCC Clarifies COVID-19 TCPA Emergency Purposes Declaratory Ruling
TCPA Risks for Political Campaigns
Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true. However, because political calls are not regulated in the same way as marketing calls it is important to understand the distinct character of TCPA regulations for political campaigns. This article outlines the regulations and requirements that govern this unique form of telephone solicitation.
Georgia Congressional Candidate Faces TCPA Lawsuit Over Campaign Texts
A Georgia state legislator faces a class action for alleged Telephone Consumer Protection Act (TCPA) violations committed in service of her campaign for a congressional seat. The suit demonstrates that political campaigns are a target for TCPA litigation, even ones that have a lower profile than presidential campaigns. The lawsuit—Bowman v. Unterman—centers on two text… Continue reading Georgia Congressional Candidate Faces TCPA Lawsuit Over Campaign Texts
FCC Approves Safe Harbors for Phone Companies Who Block Calls
As part of its ongoing efforts to implement the TRACED Act, the Federal Communications Commission (FCC) has approved new safe harbors for phone companies that implement call blocking technologies. These safe harbors come in response to concerns from phone service providers that the technology used to block unwanted robocalls could also inadvertently block legitimate calls,… Continue reading FCC Approves Safe Harbors for Phone Companies Who Block Calls
2020 August Restricted Do Not Call Dates
State Restricted Do Not Call Dates
August 10, 2020 – Victory Day
- Rhode Island
August 30, 2020 – Huey P. Long Day
- Louisiana (statutory but not enforced)
Canadian Restricted Do Not Call Dates
August 3, 2020 – Civic Holiday
- All provinces except Quebec and Yukon
EDITORIAL: What did the Supreme Court do to the TCPA?
It was a clever lawsuit: suing the government and challenging the TCPA (Telephone Consumer Protection Act) under the auspices of the First Amendment. The heart of the case—the government-held debt collection exemption is a content-based restriction on speech—will have telemarketers rejoicing: no more TCPA nuisance lawsuits! ”Gentlemen… start your dialers!” Wait… stop… what have we… Continue reading EDITORIAL: What did the Supreme Court do to the TCPA?
Run It Back: SCOTUS Agrees to Hear Another Potentially Huge TCPA Case Next Year
While everybody is still digesting the Supreme Court’s status-quo-maintaining decision in Barr v. AAPC, the court announced that they have granted the petition for writ of certiorari in another case that could have significant consequences for the Telephone Consumer Protection Act (TCPA). And unlike Barr, this case challenges the statute’s all-important automatic telephone dialing system… Continue reading Run It Back: SCOTUS Agrees to Hear Another Potentially Huge TCPA Case Next Year
SCOTUS Strikes Down Debt Exemption, Upholds TCPA as a Whole
This is the way Barr v. AAPC ends This is the way Barr v. AAPC ends This is the way Barr v. AAPC ends Not with a bang but with a whimper. After all the legal wrangling and parsing of oral arguments, the Supreme Court handed down a decision today in a case that had… Continue reading SCOTUS Strikes Down Debt Exemption, Upholds TCPA as a Whole