New York Governor Andrew Cuomo signed a bill into law on Monday that places new restrictions on telemarketers calling residents of that state. The Nuisance Call Act is designed to close loopholes in the state’s existing telemarketing legislation, which was originally passed in 2001. The new law requires telemarketers to tell New York residents that… Continue reading New York Governor Signs New Telemarketing Restrictions Into Law
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Bank Hit with Near-$200,000 Judgment for TCPA Violations
The Southern District of New York Court rendered a costly judgment against the defendant in Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 203613 (S.D.N.Y. Nov. 22, 2019): $197,000 for 380 calls that violated the Telephone Consumer Protection Act (TCPA). Interestingly, 42 of those calls were made to a… Continue reading Bank Hit with Near-$200,000 Judgment for TCPA Violations
2019 December Restricted Do Not Call Dates
State Restricted Do Not Call Dates
December 24, 2019 – Christmas Eve
- Louisiana, declared by the governor.
December 25, 2019 – Christmas Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
December 31, 2019 – New Year’s Eve
- Louisiana, declared by the governor.
Canadian Restricted Do Not Call Dates
December 25, 2019 – Christmas Day
- National
December 26, 2019 – Boxing Day
- Ontario only
Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely
Class members in a recent Telephone Consumer Protection Act (TCPA) class action settlement—Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist. LEXIS 187225 (N.D. Ill. Oct. 28, 2019)—each received approximately 2.5% of the payout that they were originally promised. The case involved three cruise lines and a travel agency who were accused of using an automated… Continue reading Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely
Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping
An Arizona District Court granted a motion to have a recent Telephone Consumer Protection Act (TCPA) class action transferred to another district court in a case that emphasizes the important differences between different circuits with regards to TCPA case law and Automatic Telephone Dialing System (ATDS) definitions. The case—Kempton v. Life for Relief & Dev.,… Continue reading Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping
District Court Rules That Non-Commercial Advertising Robocalls to Landlines Do Not Violate TCPA
A recent District Court ruling in a Telephone Consumer Protection Act (TCPA) case—Savett v. Anthem, Inc., CASE NO. 1:18-CV-274, 2019 U.S. Dist. LEXIS 190955 (N.D. Oh. Nov. 4, 2019)—threads a very specific needle and provides an interesting clarification regarding what constitutes a telemarketing robocall to a landline. The case involved prerecorded calls that Anthem placed… Continue reading District Court Rules That Non-Commercial Advertising Robocalls to Landlines Do Not Violate TCPA
California District Court Rules that Revocation of Consent for One Account Doesn’t Automatically Apply to All of Plaintiff’s Accounts
A California District Court handed down a ruling in a debt collection-related Telephone Consumer Protection Act (TCPA) case that potentially sets a clarifying precent on how revocation of consent applies to debtors with multiple accounts. The case—Henry Mendoza v. Allied Interstate LLC, et al., Case No. SACV 17-885 JVS, Doc. No. 64 (C.D. Cal. Oct.… Continue reading California District Court Rules that Revocation of Consent for One Account Doesn’t Automatically Apply to All of Plaintiff’s Accounts
California Court Rules in Favor of Marijuana Mobile App in TCPA Case
A California district court issued a ruling in favor of the defendant in an unusual Telephone Consumer Protection Act (TCPA) class action case involving a company that operates a mobile app designed to deliver cannabis products. The court granted a motion by the defendant to compel arbitration, which could have significant implications for future litigation… Continue reading California Court Rules in Favor of Marijuana Mobile App in TCPA Case
UPDATE: Pennsylvania Governor Signs New Robocall Restrictions Into Law
As we previously noted, the Pennsylvania state legislature passed a bill enacting new restrictions on robocalls. Now governor Tom Wolf has signed that bill into law. To reiterate our previous coverage, the most notable aspect of this law is the provision that eliminates the 5 year time limit on the state’s Do Not Call (DNC)… Continue reading UPDATE: Pennsylvania Governor Signs New Robocall Restrictions Into Law
2019 November Restricted Do Not Call Dates
State Restricted Do Not Call Dates
November 1, 2019 – All Saints Day
- Louisiana (Statutory, not enforced)
November 11, 2019 – Veterans Day
- Alabama, Louisiana, Mississippi, Rhode Island, Utah
November 28, 2018 – Thanksgiving Day
- Alabama, Louisiana, Mississippi, Rhode Island, Utah
November 29, 2018 – *Acadian Day
- Louisiana (Might be proclaimed by the governor)
Canadian Restricted Do Not Call Dates
November 11, 2018 – Remembrance Day
- National (Exceptions include calls made at the request of the consumer)
State Restricted Do Not Call (DNC) Calling Rules & Exemptions