Oklahoma Adopts a Troublesome “Mini TCPA” Law That Includes a Private Right of Action
You must be logged in and authorized to view this content.
TCPA
Bill Introduced to Amend the TCPA by Expanding ATDS Definition
You must be logged in and authorized to view this content.
FCC and Ohio Attorney General Unveil Coordinated Robocall Enforcement Initiative
You must be logged in and authorized to view this content.
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 …
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 …
New York Amends Telemarketing Statute to Cover Text Messages Read More »
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 …
First Lawsuits Filed Under the Revised Florida Telephone Solicitation Act Read More »
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 …
Colorado Becomes the Latest State to Enact a Comprehensive Privacy Law Read More »
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 …
Failure to Present Internal DNC Policy Can be Costly Read More »
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 …
Supreme Court Decision May Reduce Class Action Filings Read More »
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 …
