In late April, the Florida legislature passed a new telemarketing bill. The bill, CS/SB 1120, amends the state’s existing telemarketing laws—the Florida Telemarketing Act and the Florida Do Not Call Act—transforming them from fairly standard pieces of state-level Do Not Call (DNC) legislation to something more akin to a miniature Telephone Consumer Protection Act (TCPA).
Tag: DNC
TCPA Litigation After Facebook v. Duguid
April began with the Supreme Court’s bombshell ruling in Facebook v. Duguid. At the close of the month, let’s examine the fallout of that decision. A brief recap of the Facebook decision: SCOTUS sided with Facebook, setting a nationwide precedent for the narrow interpretation of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic… Continue reading TCPA Litigation After Facebook v. Duguid
TCPA for Text Messaging
In the world of marketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text messaging platforms are among the most widely used dialing methods and, thanks to constantly evolving court, the nature and extent of its risk is frequently changing.
Contact Center Compliance Consent Masterclass: Volume 1 Rewind
On March 10, Contact Center Compliance hosted the Consent Masterclass Series Part 1with Eric J. Troutman and Daniel Delnero from Squire Patton Boggs, Puja Amin from LoanDepot, and Jeremy Gladstone from Capital One. The panelists discussed the differences between consent for marketing calls (“prior express written consent”) and informational calls (“prior express consent”). This included… Continue reading Contact Center Compliance Consent Masterclass: Volume 1 Rewind
Cannabis Company Faces $5 Million TCPA Complaint
Cannabis companies remain a significant target for Telephone Consumer Protection Act (TCPA) complaints. The latest—Montanez v. Green Peak Industries LLC—is a class action in the Western District of Michigan Court seeking a whopping $5,000,000 in damages. The defendant is a Michigan-based chain of cannabis dispensaries. Michigan legalized the use of cannabis for recreational purposes in… Continue reading Cannabis Company Faces $5 Million TCPA Complaint
The 11 States With State-Level DNC Lists
When the Federal Trade Commission (FTC) implemented the National Do Not Call (DNC) Registry in 2003, 32 states already managed their own DNC lists. In the ensuing years, most of those states chose to forgo the continued maintenance of state-specific lists and adopted the federal list. However, there remain 12 holdouts who continue to offer… Continue reading The 11 States With State-Level DNC Lists
Is the TCPA Only for Cell Phones?
The TCPA regulates all sorts of telemarketing activity, including calls to every type of phone number. This article will explain how the TCPA’s restrictions on the use of an automatic telephone dialing system (ATDS) to call cell phone numbers fits into the law’s overall regulatory framework.
What Is TCPA Compliance?
This article will explain the main provisions of the Telephone Consumer Protection Act (TCPA) with which callers must comply, outline why compliance is so important, and offer some best practices for compliance.
TCPA vs. DNC
Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.
Double Trouble: Dual-Purpose Phone Lines Present Significant Risks to Callers
Litigators and professional plaintiffs employ a variety of tricks in order to entrap callers into Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) list violations. One of the most dangerous ploys is also one of the simplest: the dual-purpose phone line. Sometimes referred to as “mixed-use” lines, the deal-purpose line gambit works as… Continue reading Double Trouble: Dual-Purpose Phone Lines Present Significant Risks to Callers