ATDS

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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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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