Florida’s new telemarketing regulations have created a more dangerous version of the Telephone Consumer Protection Act (TCPA) down in the sunshine state and it is already ensnaring marketers. The first class action complaint was filed under the new law and it confirms what analysts most feared: TCPA-like penalties and a private right of action combined… Continue reading Protect Yourself From Florida’s Mini-TCPA
Tag: State Level Legislation
New York COVID-19 State of Emergency to Expire on Thursday
New York Governor Andrew Cuomo announced on Wednesday that he would allow the COVID-19 state of emergency to expire. Governor Cuomo first declared the state of emergency on March 7, 2020 in response to the COVID-19 pandemic. Thanks to the state’s 2019 law, The Nuisance Call Act, this state of emergency triggered restrictions against telemarketing… Continue reading New York COVID-19 State of Emergency to Expire on Thursday
Telemarketing and the Cannabis Industry
The legality of the cannabis industry varies wildly from state to state, and even between localities within individual states. Many cannabis companies spend considerable time and resources navigating this confusing legal and regulatory landscape. However, they often fail to understand another risky, similarly complex legal infrastructure: the world of telemarketing regulations.
Florida Legislature Passes New, TCPA-like, State-Level Telemarketing Bill
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).
New Data Privacy Legislation Looms in Several States and Possibly at Federal Level
The passage of Virginia’s new data privacy law—the Virginia Consumer Data Protection Act (VCDPA)—earlier this month has brought renewed attention to and likely spurred additional urgency with regards to the spate of similar data privacy laws making their way through multiple state legislatures. While not every one of these proposed laws will eventually be enacted,… Continue reading New Data Privacy Legislation Looms in Several States and Possibly at Federal Level
California Continues CCPA Implementation Process
California Attorney General Xavier Becerra announced two new steps in the process of implementing the California Consumer Protection Act (CCPA): a set of amendments to the CCPA’s regulations and appointments to the five-member board of the newly created California Privacy Protection Agency (CPPA). These actions are effective as of March 15, 2021. The amendment’s to… Continue reading California Continues CCPA Implementation Process
Virginia Enacts New Data Privacy Law
Virginia Governor Ralph Northam signed a bill into law on Tuesday that gives his state’s residents significant data privacy protections. Known as the Consumer Data Protection Act (CDPA), the law makes Virginia the second such state to institute these sorts of regulations, following California’s passage of the California Consumer Privacy Act (CCPA) in 2018. The… Continue reading Virginia Enacts New Data Privacy Law
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
Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk. Once case—Ramsey v. Receivables Performance Mgmt., LLC, Case No. 1:16-cv-1059, 2020 U.S. Dist. LEXIS 236094 (S.D. Oh.… Continue reading Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
First CCPA Class Action Settlement Reached for $400,000
A milestone has been reached with the announcement of the first settlement for a California Consumer Privacy Act (CCPA) class action. The parties in the lawsuit against Hanna Andersson, a retailer of high end children’s apparel, reached an agreement last month to settle the case for $400,000. The case originates from a data breach that… Continue reading First CCPA Class Action Settlement Reached for $400,000