Compliance Refresher: What Is TCPA Consent?

Often the most punitive aspects of telemarketing regulations are reserved for autodialed calls made without proper consent. This is a significant component of the federal Telephone Consumer Protection Act (TCPA) as well as state-level laws such as the Florida Telephone Solicitation Act (FTSA) and Oklahoma Telephone Solicitation Act (OTSA). Generally, there are two levels of… Continue reading Compliance Refresher: What Is TCPA Consent?

May 2023 TCPA Grab Bag

May 2023 was a busy news month for telemarketing compliance and deliverability. Florida passed significant amendments to the Florida Telephone Solicitation Act (FTSA), Maryland and New Jersey passed new telemarketing laws, and the Federal Communications Commission (FCC) shut down a global gateway provider. In fact, so much happened that we were unable to find the… Continue reading May 2023 TCPA Grab Bag

What to Know About Calling In Florida

Florida Governor Ron DeSantis signed amendments to the Florida Telephone Solicitation Act (FTSA) on May 26. As we have covered previously, these amendments greatly reduce the risks of the FTSA for callers. But the amendments do not create a free-for-all for marketers. There are still rules to follow and there are still risks to heed.… Continue reading What to Know About Calling In Florida

2023 June Restricted Do Not Call Dates

State Restricted Do Not Call Dates

June 5, 2023 – Jefferson Davis’ Birthday

  • Alabama

June 14, 2023 – Flag Day

  • Pennsylvania

June 17, 2023 – Juneteenth Day

  • Louisiana

June 19, 2023 – Juneteenth National Freedom Day

  • Utah

Canadian Restricted Do Not Call Dates

June 21, 2023 – Aboriginal Day

  • Northwest Territories, Yukon

June 24, 2023 – St. Jean Baptiste Day

  • Quebec

FCC Orders Telecom Providers to Block Global Gateway Provider

The Federal Communications Commission (FCC) ordered voice service providers to block all traffic from One Eye, a global gateway telecom provider, due to what the FCC says is a persistent effort to facilitate illegal robocalls. This is the most drastic action that the FCC has taken against a carrier to date. It is also the… Continue reading FCC Orders Telecom Providers to Block Global Gateway Provider

Maryland Governor Signs Stop the Spam Calls Act of 2023 Into Law

Earlier this month, Maryland Governor Wes Moore signed the Stop the Spam Calls Act of 2023 into law, bringing new telemarketing regulations to the state. The law is mostly intended to prevent deceptive spoofing and unconsented marketing calls. The law’s main provision is a prohibition against using a prerecord voice or automated system to make… Continue reading Maryland Governor Signs Stop the Spam Calls Act of 2023 Into Law

Webinar Recap – FTSA Amendments

We recently hosted a webinar titled FTSA De-Fanged? Everything You Need to Know RIGHT NOW About the Amendments to Florida’s Dreaded Mini-TCPA. The webinar featured a panel of Eric J. Troutman, Partner at Troutman Amin, LLP; Jenniffer Cabrera, Associate at Troutman Amin, LLP; Aaron S. Weiss, Partner at Carlton Fields; and the host, Isaac Shloss,… Continue reading Webinar Recap – FTSA Amendments

Florida Legislature Amends FTSA, Greatly Reducing Danger of ATDS Claims

The Florida legislature has passed major amendments to the state’s main piece of telemarketing regulations, the Florida Telephone Solicitation Act (FTSA). The amednments undo many of the effects of the 2021 FTSA amendments that had turned it into one of the most dangerous state-level telemarketing statutes in the nation. The most notable change in these… Continue reading Florida Legislature Amends FTSA, Greatly Reducing Danger of ATDS Claims

TCPA Class Action Against L’Oréal Centers on Opt-Outs

This week, a plaintiff filed a Telephone Consumer Protection Act (TCPA) class action against cosmetics giant L’Oréal. The complaint alleges that the defendant failed to heed opt out requests and continued to send the plaintiff text messages. The plaintiff in Gilburd v. L’Oréal alleges that she received marketing text messages from L’Oréal and, at some… Continue reading TCPA Class Action Against L’Oréal Centers on Opt-Outs