TCPA

What Makes an Electronic Signature Enforceable?

Signatures, and electronic signatures in particular, are a crucial element of the prior express written consent (PEWC) exemption to the general prohibition against using an Automated Telephone Dialing System (“ATDS”) to contact cellular numbers or numbers on the national Do-Not-Call Registry as set forth in the TCPA. Under FCC and FTC rules, PEWC must be in the form of …

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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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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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