Best Practices

FTC Increases National DNC Registry Access Fees

The FTC recently announced that National Do Not Call (DNC) Registry access fees for telemarketers will increase incrementally in FY 2022. The first five area codes will still be free to download, but the cost of accessing an additional area code will be $69 in the fiscal year 2022, which represents an increase of $3 from over current fees.  …

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New Report Details Top Consumer Complaints in 2020

The Consumer Federation of America (CFA) conducts an annual survey of city, county, and state consumer agencies across the country to ask about the complaints they received in the previous year. Thirty-four agencies from across the country participated in this year’s survey, which was released on July 26th and provides a snapshot of the most common, …

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New York Amends Telemarketing Statute to Cover Text Messages

The New York legislature recently amended the state's telemarketing statute (Section 399-z of the General Business Law), to include SMS and MMS text messages within its parameters. Embodied in Senate Bill 3941 and Assembly Bill 6040, the legislation actually modifies a number of the definitions included within Section 399-z, including "telemarketer" and "telemarketing" to add the term “or electronic …

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Colorado Becomes the Latest State to Enact a Comprehensive Privacy Law

The Centennial State recently enacted a comprehensive new privacy law.  The Colorado Privacy Act (ColoPA) will become effective on July 1, 2023, six months after the California Privacy Rights Act (CPRA) and the Virginia Consumer Data Protection Act (VA CDPA), which both take effect on January 1, 2023.  ColoPA is substantially similar to existing state privacy …

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Failure to Present Internal DNC Policy Can be Costly

In its infinite wisdom, when drafting the TCPA Congress included two separate and distinct grounds upon which to base a private cause of action. §227(b) Claims First, there's 47 USC §227(b)(1)(A), which makes it unlawful "for any person within the United States, … to make any call... using any automatic telephone dialing system or an …

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Florida’s “Mini-TCPA” Amendment Becomes Law

On July 1st, the recent amendments to Florida’s telemarketing statutes discussed in a prior article were signed into law.   The amendments included with SB 1120 essentially transforms Florida’s existing telemarketing laws into a “mini TCPA,” by incorporating many of the same elements found in the Telephone Consumer Protection Act (including a private right of action with $500 …

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Federal Communications Commission and Australia Communications and Media Authority vs. Illegal Robocalls

The United States is not unique in its efforts to combat illegal robocalls.  Consumers in other countries are dealing with the same issue.  In a step towards combining enforcement efforts across international borders, the Federal Communications Commission (FCC) recently signed a Memorandum of Understanding (MOU) with the Australia Communications and Media Authority (ACMA) to “work …

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