Back in April, Virginia Governor Ralph Northam signed into law several amendments to the state’s existing law that regulates telemarketing, the Virginia Telephone Privacy Protection Act. Those amendments take effect July 1, 2020. The law was originally passed in 2001 and was most recently amended in 2019. The 2020 amendments clarify the law’s definition of… Continue reading Virginia’s New Telemarketing Amendments Take Effect
Category: Uncategorized
FCC Issues Declaratory Ruling That Click-to-Text Is Not an ATDS
The Federal Communications Commission (FCC) issued a Declaratory Ruling holding that click-to-text platforms will not be considered to be Automatic Telephone Dialing Systems (ATDS) if the phone number is manually added each time. This ruling is in response to a May 2018 petition from from P2P Alliance. It affirms that a peer-to-peer texting platform that… Continue reading FCC Issues Declaratory Ruling That Click-to-Text Is Not an ATDS
The Possibility of TCPA Being Invalidated Is No Reason for Complacency
The entire telemarketing industry is awaiting the Supreme Court’s decision in AAPC v. Barr, the case that very may well invalidate the Telephone Consumer Protection Act (TCPA) in its entirety. However, the possibility that the main federal enforcement mechanism for regulating telemarketing may soon disappear is no reason for marketers to become lax in their… Continue reading The Possibility of TCPA Being Invalidated Is No Reason for Complacency
SCOTUS Rules that CFPB Director Can Be Fired by President but Is Otherwise Constitutional
The Supreme Court ruled that the president has the power to fire the Director of the Consumer Financial Protection Bureau (CFPB), but otherwise affirmed the constitutionality of the independent regulatory agency.
2020 July Restricted Do Not Call Dates
State Restricted Do Not Call Dates
July 3, 2020 – Independence Day Observed
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
July 4, 2020 – Independence Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
July 24, 2020 – Pioneer Day
- Utah
Canadian Restricted Do Not Call Dates
July 1, 2020 – Canada Day
- National
Court Invokes TCPA Debt Exemption Despite Imminent SCOTUS Ruling
While everybody waits to see if the government-backed debt exemption leads to the Supreme Court potentially invalidating the Telephone Consumer Protection Act (TCPA) entirely, a district court somewhat surprisingly decided to enforce that same debt exemption. In Tillman v. Navient Sols., LLC, No. 18-CV-04625, 2020 U.S. Dist. LEXIS 104533 (N.D. Ill. June 15, 2020), the… Continue reading Court Invokes TCPA Debt Exemption Despite Imminent SCOTUS Ruling
TCPA Lawsuits on Both Sides of the Aisle: Bernie Sanders’s Campaign Sued
As we enter the summer of an election year, we are seeing further evidence of how the Telephone Consumer Protection Act (TCPA) poses risks for political campaigns. This week, a TCPA class action was filed against the erstwhile presidential campaign of Vermont senator Bernie Sanders. The case—Jacob Buller and Cody Olson v. Bernie 2020 Inc.,… Continue reading TCPA Lawsuits on Both Sides of the Aisle: Bernie Sanders’s Campaign Sued
Infamous Serial Plaintiff’s Latest Lawsuit Dismissed
Craig Cunningham is among the most notorious serial plaintiffs in consumer protection law, but his most recent attempt to enrich himself thanks to the Telephone Consumer Protection Act (TCPA) has been unsuccessful. Cunningham is infamous for having represented himself in dozens of Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and TCPA… Continue reading Infamous Serial Plaintiff’s Latest Lawsuit Dismissed
FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
The Federal Communications Commission (FCC) has made enforcement of robocall violations, particularly those involving spoofed numbers, a top priority, particularly since the passage of the TRACED Act at the end of last year. The latest element of this ongoing project is the largest proposed fine in the FCC’s history, $225 million, against a Texas-based health… Continue reading FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS
In the latest decision in the ongoing Telephone Consumer Protection Act (TCPA) class action against President Trump’s re-election campaign, the Eighth District Court of Appeals adopted the expansive definition of what constitutes an Automatic Telephone Dialing System (ATDS) previously set forth in the Ninth Circuit’s infamous, landmark decision in Marks v. Crunch San Diego, LLC.… Continue reading Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS