As we have covered previously, the emerging cannabis industry has become a major target for Telephone Consumer Protection Act (TCPA) litigation. A recent case from Nevada serves as an illustrative example of the sorts of circumstances that lead to these lawsuits. According to the complaint, two women allege that they visited a cannabis dispensary in… Continue reading Another Cannabis Dispensary Sued for TCPA Violations
FCC Reviews TCPA Exemptions as Mandated by the TRACED Act
The Federal Communications Commission (FCC) has released a Report and Order modifying the requirements for certain exemptions to the Telephone Consumer Protection Act (TCPA). These modifications follow a review of those exemptions first announced in October as a part of the FCC’s efforts to fulfill Section 8 of the TRACED Act. The main thrust of… Continue reading FCC Reviews TCPA Exemptions as Mandated by the TRACED Act
One Year Later: Tracking the Implementation of the TRACED Act
December 30, 2020 marks the one year anniversary of President Donald Trump signing the Pallone-Thune TRACED Act into law. The law, whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence, is the first major federal telemarketing legislation in more than a decade. An addition to the Telephone Consumer Protection Act (TCPA),… Continue reading One Year Later: Tracking the Implementation of the TRACED Act
Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk. Once case—Ramsey v. Receivables Performance Mgmt., LLC, Case No. 1:16-cv-1059, 2020 U.S. Dist. LEXIS 236094 (S.D. Oh.… Continue reading Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
FCC Declaratory Ruling Reaffirms Consent Standards for Soundboard Technology
The Federal Communications Commission (FCC) released a Declaratory Ruling and Order last week addressing a petition regarding soundboard technology. The Ruling comes in response to petitions from NorthStar Alarm Services, LLC and Yodel Technologies LLC. The FCC essentially reaffirms the status quo, which is that soundboard technology—also known as “avatar tehcnology”—must conform to the same… Continue reading FCC Declaratory Ruling Reaffirms Consent Standards for Soundboard Technology
First CCPA Class Action Settlement Reached for $400,000
A milestone has been reached with the announcement of the first settlement for a California Consumer Privacy Act (CCPA) class action. The parties in the lawsuit against Hanna Andersson, a retailer of high end children’s apparel, reached an agreement last month to settle the case for $400,000. The case originates from a data breach that… Continue reading First CCPA Class Action Settlement Reached for $400,000
2021 January Restricted Do Not Call Dates
State Restricted Do Not Call Dates
January 1, 2021 – New Year’s Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
January 8, 2021 – Battle of New Orleans
-
Louisiana*
January 18, 2021 – Dr. Martin Luther King, Jr. Day
-
Alabama**, Louisiana, Mississippi**, Pennsylvania, Rhode Island, Utah
January 19, 2021 – Robert E. Lee Day
- Louisiana
January 20, 2021 – Inauguration Day
- Louisiana***
January 30, 2021 – Pennsylvanians with Disabilities Day
- Pennsylvania
Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020
On Friday, two district court judges within the same district delivered rulings in Telephone Consumer Protection Act (TCPA) lawsuits that created a jurisdictional split on the constitutionality of the TCPA between November 2015 and June 2020. These decisions follow two others from this autumn that relate to the retroactive effects of the Supreme Court’s decision… Continue reading Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020
FCC Names Administrator for Reassigned Numbers Database
The Federal Communications Commission’s (FCC) reassigned number database was supposed to be available sometime this year, after delays in 2019. With only 3 weeks left in the year, it appears unlikely that they will meet that deadline. However, a new announcement shows that the FCC is still making slow progress on the project. The FCC… Continue reading FCC Names Administrator for Reassigned Numbers Database
Simington Confirmed to FCC in Last Minute Vote
The Senate confirmed Nathan Simington as a Commissioner on the Federal Communications Commission (FCC). The confirmation vote, which fell along party lines 49-46, was somewhat surprising as Senate Majority Leader Mitch McConnell had not been expected to prioritize it over other procedural moves with the Senate’s limited time remaining before the end of this year’s… Continue reading Simington Confirmed to FCC in Last Minute Vote