Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation: State Restricted Do Not Call Dates July 4, 2022 – Independence Day Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah July 24, 2022 – Pioneer Day Utah July 25, 2022 – Pioneer Day (observed) Utah Canadian Restricted Do… Continue reading 2022 July Restricted Do Not Call Dates
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Third Circuit Ruling Involves Expansive Autodialer Definition
The Third Circuit Court of Appeals handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) class action that managed to set conflicting precedents on autodialer claims. Ultimately, the court ruled in favor of the defendant in Panzarella v. Navient Solutions, Inc. but the specifics of the ruling could prove influential on future litigation.
Compelled Arbitration as a TCPA Defense Strategy
In recent months, multiple notable Telephone Consumer Protect Act (TCPA) court decisions have hinged on questions of arbitrability and the enforcement of mandatory arbitration clauses. These clauses are a valuable method of defense for callers and TCPA defendants, but they are not a simple, end-all-be-all solution. They are a complex legal defense strategy and a topic of considerable depth and nuance.
Ninth Circuit Rules That Screen Recording Technology May Constitute Wiretapping
A recent ruling by the Ninth Circuit Court of Appeals in a California Invasion of Privacy Act (CIPA) class action classified a screen recording technology as potentially being an illegal form of wiretapping, with deleterious possible effects for widely used Telephone Consumer Protection Act (TCPA) compliance efforts.
Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
Contact Center Compliance’s most recent webinar—Berman, Wrong Numbers, & Arbitration—covered a wide variety of important topics in the world of Telephone Consumer Protection Act (TCPA) compliance. Our guest, the esteemed Eric J. Troutman from TCPAWorld and the Troutman Firm, discussed these topics with Contact Center Compliance’s Director of Compliance Services, Arvell Craig. Arvell and Eric… Continue reading Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
2022 June Restricted Do Not Call Dates
Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation: State Restricted Do Not Call Dates June 6, 2022 – Jefferson Davis’ Birthday Alabama June 14, 2022 – Flag Day Pennsylvania Canadian Restricted Do Not Call Dates June 21, 2022 – Aboriginal Day Northwest Territories, Yukon June… Continue reading 2022 June Restricted Do Not Call Dates
Oklahoma Follows Florida’s Lead With a Mini-TCPA of Its Own
On Friday, Oklahoma Governor Kevin Stitt signed the Telephone Solicitation Act of 2022 into law. Much like Florida’s telemarketing law from last year, it turns the existing state telemarketing regulations into something like a mini-Telephone Consumer Protection Act (TCPA). The notable provisions and language closely track the Florida law, including: Prohibiting “a telephonic sales call… Continue reading Oklahoma Follows Florida’s Lead With a Mini-TCPA of Its Own
Ninth Circuit Ruling on Online Disclosure Form Could Set Dangerous Precedent for Leads Industry
A Ninth Circuit decision from last month is already serving as a precedent for Telephone Consumer Protection Act (TCPA) cases that center on online disclosure forms. It demonstrates how courts could use inadequate webform design to undermine otherwise valid arbitration agreements.
FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare
Late last month, the Department of Health and Human Services (HHS) wrote an open letter to the Federal Communications Commission (FCC) requesting clarification on Telephone Consumer Protection Act (TCPA) rules with regards to healthcare-related messages. Specifically, HHS is inquiring about “text messages and automated, pre-recorded calls [that] would be made to encourage those individuals to… Continue reading FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare
April Compliance News Roundup
The world of marketing compliance is complex and fast-paced. Sometimes important news and developments can be missed. This post collects some of the most important news of the past month that we have not yet covered. Washington Passes New State Telemarketing Amendments On March 31, Washington Governor Jay Inslee signed new amendments into law that… Continue reading April Compliance News Roundup