The current, novel coronavirus pandemic that is spreading COVID-19 is causing massive upheaval worldwide. For telemarketers, this is creating uncertainty as to how regulations such as the TCPA and state laws dictate what sorts of calls are allowed during such a period of emergency.
Tag: Exemptions
Court Dismisses TCPA Suit Against Subway on Multiple Grounds
The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds. The class action, originally filed in 2016, stems from a text message that the plaintiff received from T-Mobile advertising a… Continue reading Court Dismisses TCPA Suit Against Subway on Multiple Grounds
Attorney General Explains Exemptions to Indiana Telemarketing Registration Requirements
The office of Curtis T. Hill, Attorney General for the state of Indiana, has issued an opinion that clarifies certain aspects of new telemarketing regulations passed by the state legislature. Most notably, the AG sets forth some exemptions to the telemarketing registration requirements run that legislation. These registration requirements were a part of amendments to… Continue reading Attorney General Explains Exemptions to Indiana Telemarketing Registration Requirements
TCPA Debt Exemption Ruled Unconstitutional
In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption “unconstitutional” and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act). It was May… Continue reading TCPA Debt Exemption Ruled Unconstitutional
TCPA Healthcare Exception Tested in Court
The Healthcare Exception to the TCPA had its day in court this month. In their decision, the U.S. Court of Appeals for the Second Circuit issued a broad interpretation for automated calls delivering healthcare messages.
Court To Decide Major TCPA Changes
It could be the most important court decision to affect the telemarketing industry since the enactment of the Telephone Consumer Protection Act of 1991. The issues of concern in ACA Int’l v. FCC are autodialers, reassigned numbers, and revocation of consent.
Credit Unions Petition FCC For TCPA Exemptions
On Friday, a petition was filed with the FCC seeking regulatory relief for credit unions from unnecessary requirements that restrict them from communicating with their own members. At issue is the limited ability of credit unions to provide timely financial communication to members due to the TCPA’s restrictive “prior expressed consent” requirement when calling cell… Continue reading Credit Unions Petition FCC For TCPA Exemptions
Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA
The United States District Court for the Western District of Washington just granted summary judgment for the defendant in a case that is great news for the dialer vendor industry. The court held that CallFire, a dialer vendor that simply transmits messages on behalf of their clients, was a common carrier, and therefore exempt from… Continue reading Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA
FCC Denies Petition to Exempt Mortgage Servicing Calls
During the summer of 2016, the Mortgage Banking Association (MBA) petitioned the Federal Communications Commission (FCC) to have certain mortgage servicing calls exempt from the autodialer regulations in the TCPA. In the petition, the MBA argued that mortgage servicers are responsible for contacting borrowers and gathering important and urgent data. Some of this correspondence has… Continue reading FCC Denies Petition to Exempt Mortgage Servicing Calls
FCC issues TCPA Declaratory Ruling in favor of Schools and Utilities
On August 4, 2016, the FCC issued a declaratory ruling in response to petitions from Blackboard, Inc., as well as a joint petition by Edison Electric Institute and the American Gas Association. Both petitions sought clarifications on the already existing “emergency purposes” exemption in the TCPA. The FCC’s order clarifies that schools may lawfully make robocalls… Continue reading FCC issues TCPA Declaratory Ruling in favor of Schools and Utilities