State-level telemarketing laws are nothing new. In fact, many states’ laws predate the federal Do Not Call (DNC) Registry and Telephone Consumer Protection Act (TCPA). But level of risk associated with state telemarketing regulations has increased precipitously in recent years, particularly in Florida and Oklahoma.
Tag: State Level Legislation
Washington State Legislature Passes New Telemarketing Law
For the second consecutive year, Washington’s state legislature has passed new legislation making the state’s telemarketing regulations more stringent. The bill, HB 1051, changes several aspects of the state’s regulations. The law creates a private right of action allowing consumers to sue under the Consumer Protection Act for injuries stemming from a commercial solicitation by… Continue reading Washington State Legislature Passes New Telemarketing Law
March Grab Bag
We have gathered some notable stories from the past month. Local Government’s Messages Exempt Under Emergency Purposes Exemption The Telephone Consumer Protection Act (TCPA) contains an exemption for calls made for emergency purposes. During the more than two years that various emergency declarations were in effect due to the Covid-19 pandemic, that emergency purposes exemption… Continue reading March Grab Bag
Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook
The Supreme Court’s decision in Facebook v. Duguid changed many aspects of Telephone Consumer Protection Act (TCPA) compliance. Since the calls at issue in that case were triggered text messages, the effects of those changes are particularly significant for text message marketing. However, while the decision may have lessened some of the risks for text… Continue reading Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook
January Compliance and Deliverability News Grab Bag
Once again, there are a number of notable stories from the past month relating to Telephone Consumer Protection Act (TCPA) compliance, Florida Telephone Solicitation Act (FTSA) compliance, and call deliverability that are worth gathering in one blog post. Citrix Settles TCPA Class Action for $2.75 Million One of the most notable trends in the nearly… Continue reading January Compliance and Deliverability News Grab Bag
Court Affirms Criminal Penalties in Rhode Island for Not Registering as a Debt Collector
A Telephone Consumer Protection Act (TCPA) ruling this week in a federal court in Rhode Island affirmed that state law does allow for criminal penalties for debt collectors who fail to register as such under the state’s laws. The court found that the plaintiff could sue the defendant in Laccinole v. Gulf Coast Collection Bureau… Continue reading Court Affirms Criminal Penalties in Rhode Island for Not Registering as a Debt Collector
New York Requires DNC Disclosures to Come at the Outset of Calls
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
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.”
Oklahoma Telephone Solicitation Act Webinar Recap
We recently hosted a webinar breaking down the Oklahoma Telephone Solicitation Act of 2022 (OTSA). The webinar was hosted by CCC’s Director of Compliance Services, Arvell Craig, with our guest, Aaron C. Tifft from Hall Estill, offering his expertise.
Litigators Targeting Chat Bots for CIPA Wiretapping Claims
Back in June, we covered an unusual case, Javier v. Active Prospect, in which the Ninth Circuit issued an unpublished opinion in which it accepted a plaintiff’s argument that the use of Active Prospect’s TrustedForm screen recording technology to capture consumer consent could constitute illegal wiretapping under the California Invasion of Privacy Act (CIPA).