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
Tag: DNC
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.”
Ninth Circuit Affirms That B2B Texts Are Subject to the TCPA
Last week the Ninth Circuit issued a ruling in a Telephone Consumer Protection Act (TCPA) class action reversing a lower court decision on the application of the TCPA’s regulations to business-to-business (B2B) text messages. In Chennette v. Porch.com, the plaintiffs accused the defendant of sending more than 7,500 B2B text messages offering client leads to… Continue reading Ninth Circuit Affirms That B2B Texts Are Subject to the TCPA
Recent Multimillion-Dollar Settlements Show TCPA Danger Remains
Sometimes it may mistakenly seem as if all is quiet on the Telephone Consumer Protection Act (TCPA) front. However, these seeming trends do not mean that the dangers of TCPA have abated in any significant way.
Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims
Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits. The Cases In Rowan v. US Dealer… Continue reading Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims
FTC Announces DNC List Fees Will Increase in 2023
The Federal Trade Commission (FTC) announced the fee increases for accessing the National Do Not Call (DNC) Registry in the fiscal year 2023. According to the FTC’s press release, the fee increases are as follows: “The cost of accessing a single area code in the registry will be $75 in FY 2023, which is an… Continue reading FTC Announces DNC List Fees Will Increase in 2023
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
Court Rules That COVID Vaccine Message Meets TCPA Exemption Requirements
Two years ago, at the beginning of the COVID-19 pandemic, the Federal Communications Commission (FCC) issued a Declaratory Ruling on how calls and texts related to the pandemic could fit within the Telephone Consumer Protection Act’s (TCPA) emergency purposes exemption. The Last month, the Northern District of Texas Court ruled that a text message informing… Continue reading Court Rules That COVID Vaccine Message Meets TCPA Exemption Requirements
New York Attorney General Fines Energy Company for DNC List Violations & Deceptive Practices
New York Attorney General Letitia James announced that she has levied $2.15 million in fines against an energy services company for dishonest practices and violations of both the federal and state do not call (DNC) list laws. The AG’s office conducted an investigation into Family Energy for its deceptive practices and secured millions in restitution.… Continue reading New York Attorney General Fines Energy Company for DNC List Violations & Deceptive Practices
Serial Plaintiff Scores Multiple TCPA Penalties Per Call
Andrew Perrong is an infamous Telephone Consumer Protection Act (TCPA) plaintiff and his latest court victory illustrates one of the less understood dangers of the TCPA: the fact that each call may violate multiple TCPA provisions and thus be assessed multiple penalties on each call. In Perrong’s case, he alleged that 26 prerecorded calls that… Continue reading Serial Plaintiff Scores Multiple TCPA Penalties Per Call