While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.
Category: Uncategorized
Attorney General Explains Exemptions to Indiana Telemarketing Registration Requirements
The office of Curtis T. Hill, Attorney General for the state of Indiana, has issued an opinion that clarifies certain aspects of new telemarketing regulations passed by the state legislature. Most notably, the AG sets forth some exemptions to the telemarketing registration requirements run that legislation. These registration requirements were a part of amendments to… Continue reading Attorney General Explains Exemptions to Indiana Telemarketing Registration Requirements
California Governor Signs New Robocall Bill Into Law
California Governor Gavin Newsom signed new legislation into law that is designed to address fraudulent robocalls. The bill, SB208, Consumer Call Protection Act of 2019, announces that its purpose is to “identify those engaging in deceptive robocalls and protect Californians, especially vulnerable populations, from impostors using telecommunications to defraud consumers.” An addition to the Public… Continue reading California Governor Signs New Robocall Bill Into Law
California Court Applies Broad Definition of ATDS from Marks
A new decision by the Eastern District of California made use of the Ninth Circuit’s broad definition of what constitutes an automatic telephone dialing system (ATDS) from last year’s Marks v. Crunch San Diego decision. The Court’s decision to grant the plaintiff’s motion for summary judgement in a new case provides further evidence of the… Continue reading California Court Applies Broad Definition of ATDS from Marks
Pennsylvania Set to Pass Stricter Robocall Rules Into Law
The Pennsylvania state legislature passed a new bill, HR-318, that introduces a number of new restrictions for robocalls. The most notable is that it now extends the state-level Do Not Call List protections in perpetuity. Previously, those protections only lasted for five years unless renewed. Callers will now need to honor any DNC restrictions indefinitely unless… Continue reading Pennsylvania Set to Pass Stricter Robocall Rules Into Law
2019 October Restricted Do Not Call Dates
State Restricted Do Not Call Dates
October 14, 2019 – Columbus Day
- Alabama, Louisiana, Rhode Island, Utah
Canadian Restricted Do Not Call Dates
October 14, 2019 – Thanksgiving Day
- National
District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent
The plaintiff in Johnson v. Capital One Servs., No. 18-cv-62058, 2019 U.S. Dist. LEXIS 159633 (S.D. Fla. Sept. 16, 2019) attempted a novel technique in order to provoke Telephone Consumer Protection Act (TCPA) violations from the defendant: trying to revoke consent by speaking with a fake British accent and telling the defendant’s agent that they were… Continue reading District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent
Two New District Court Rulings Apply Statutory Definition of ATDS
A year ago, the landmark Ninth Circuit decision in Marks v. Crunch San Diego, LLC broadened the definition of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Finding the statutory definition to be vague, the court disregarded the precedent of Dominguez v. Yahoo
FCC Delays Implementation of Recycled Number Database Until 2020
In December 2018, the FCC announced a plan to create a reassigned number database. Callers would be able to scrub their number lists against this database in order to remove any numbers that have been reassigned to new users, thus decreasing the possibility of incurring Telephone Consumer Protection Act (TCPA) violations by calling these new… Continue reading FCC Delays Implementation of Recycled Number Database Until 2020
New House Bill Changing Arbitration Rules Could Have TCPA Implications
As one of their first acts upon returning from the August recess, the House of Representatives Judiciary Committee passed the Forced Arbitration Injustice Repeal (FAIR) Act. This bill could have consequences for Telephone Consumer Protection Act (TCPA) lawsuits in the unlikely event that it becomes enacted into law. The bill is primarily designed to address… Continue reading New House Bill Changing Arbitration Rules Could Have TCPA Implications