Last year, HelloFresh entered into a $14 million class action settlement for violations of the Telephone Consumer Protection Act (TCPA). This week, a court threw out that settlement due to issues relating to the composition of the class and the different kinds of TCPA violations committed by the defendant. The First Circuit did not accept… Continue reading Court Nixes $14 Million HelloFresh TCPA Settlement
Category: Uncategorized
New York Requires DNC Disclosures to Come at the Outset of Calls
New York Governor Kathy Hochul signed new telemarketing legislation relating to do not call (DNC) list disclosures. The law requires that telemarketers give call recipients the option to be added to the caller’s internal DNC list and specifies that those disclosures must come at the outset of the call. Hochul praised the law, saying, “This… Continue reading New York Requires DNC Disclosures to Come at the Outset of Calls
FCC Adopts Rule That Ringless Voicemails Are Robocalls
On November 21, the Federal Communications Commission (FCC) issued a declaratory ruling and order officially confirming that ringless voicemail (RVM) calls are subject to the Telephone Consumer Protection Act’s (TCPA) restrictions on robocalls. This comes in response to a petition from All About the Message, LLC requesting a declaration that RVM is not subject to… Continue reading FCC Adopts Rule That Ringless Voicemails Are Robocalls
2022 December Restricted Do Not Call Dates
State Restricted Do Not Call Dates
December 25, 2022 – Christmas Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
December 26, 2022 – Christmas Day (observed)
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
Canadian Restricted Do Not Call Dates
December 25, 2022 – Christmas Day
- National
December 26, 2022 – Boxing Day
- Ontario only
Ninth Circuit Rules That TCPA ATDS Restrictions Apply Only to Devices That Randomly Generate Phone Numbers
The process of Circuit Courts interpreting and applying the Supreme Court’s automatic telephone dialing system (ATDS) definition from the Facebook v. Duguid decision reached another milestone when the notorious Ninth Circuit ruled in Borden v. Efinancial, LLC that the Telephone Consumer Protection Act’s (TCPA) ATDS restrictions should only apply to devices that “generate and dial random or sequential telephone numbers”.
FCC Tells Service Providers to Shut Off Traffic for Student Loan Scam Robocallers
On Thursday November 10, the Enforcement Bureau of the Federal Communications Commission (FCC) issued a public notice notifying U.S.-based voice service providers that they may block robocalls from a particular voice service provider whom the FCC had identified as being responsible for scam calls relating to student loans. The notice identifies Urth Access, LLC as… Continue reading FCC Tells Service Providers to Shut Off Traffic for Student Loan Scam Robocallers
Pennsylvania AG Sues Marketer for Supplying Leads to Robocallers
Last week, Pennsylvania Attorney General Josh Shapiro announced that he had filed a lawsuit against a digital marketer for generating leads that allegedly resulted in “hundreds of thousands of unwanted robocalls to be placed to Pennsylvania consumers.” Shapiro’s lawsuit alleges that Fluent, Inc. and its subsidiaries “collected personal information, including telephone numbers, and that was then sold to telemarketing companies.”
Oklahoma Telephone Solicitation Act Webinar Recap
We recently hosted a webinar breaking down the Oklahoma Telephone Solicitation Act of 2022 (OTSA). The webinar was hosted by CCC’s Director of Compliance Services, Arvell Craig, with our guest, Aaron C. Tifft from Hall Estill, offering his expertise.
Healthcare Calls Face Deliverability Challenges
Calling and messaging is an essential facet of modern healthcare. But even the most compliant healthcare callers are facing a new challenge that seriously impedes their ability to communicate with patients: the risk of calls being marked as spam or not being received due to the new regime of call blocking and labeling policies, apps, and regulations.
2022 November Restricted Do Not Call Dates
State Restricted Do Not Call Dates
November 1, 2022 – All Saints Day
- Louisiana*
November 8, 2022 – Election Day
- Pennsylvania
November 11, 2022 – Veterans Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
November 24, 2022 – Thanksgiving Day
- Alabama, Louisiana, Mississippi, Rhode Island, Utah
November 25, 2022 – Acadian Day
- Louisiana**
*Statutory, not enforced.
**May be proclaimed by the governor.
Canadian Restricted Do Not Call Dates
November 11, 2022 – Remembrance Day
- National