Legal News

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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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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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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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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