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FCC Proposes Multimillion Dollar Robocall Penalty

On August 24th, the FCC released a Notice of Proposed Liability for Forfeiture (“NAL”) in the amount of $5,134,500 against John M. Burkman, Jacob Alexander Wohl , and J.M. Burkman & Associates LLC for allegedly sending over one thousand illegal prerecorded messages to wireless numbers without first obtaining the express consent of the recipients in violation of the TCPA …

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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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First Lawsuits Filed Under the Revised Florida Telephone Solicitation Act

As discussed in prior articles, Senate Bill 1120 amended the Florida Telephone Solicitation Act (FTSA) and transformed the statute into a “mini TCPA” by incorporating many of the same toxic elements found in the federal TCPA, including a broad ATDS definition and a private right of action with $500 statutory damages, which can be tripled …

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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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Supreme Court Decision May Reduce Class Action Filings

On June 25, 2021, the Supreme Court of the United States established a major roadblock for class action lawsuits in federal court.  While the underlying case, TransUnion LLC v. Ramirez, dealt with claims brought under the Fair Credit Reporting Act (FCRA), the Court’s ruling is applicable to other statutory violations, including TCPA claims. Background Facts The …

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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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Subway Learns an Expensive Lesson

Court Refuses to Enforce Online Arbitration in TCPA Lawsuit As detailed in prior articles, a formula exists for securing valid TCPA consent online. The form submission page must include a properly placed disclosure that informs consumers that by undertaking a particular action (i.e., checking a box, clicking submit), they are consenting to contact by one …

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