As part of its ongoing efforts to implement the TRACED Act, the Federal Communications Commission (FCC) has approved new safe harbors for phone companies that implement call blocking technologies.
State Restricted Do Not Call Dates
August 10, 2020 – Victory Day
August 30, 2020 – Huey P. Long Day
Canadian Restricted Do Not Call Dates
August 3, 2020 – Civic Holiday
It was a clever lawsuit: suing the government and challenging the TCPA (Telephone Consumer Protection Act) under the auspices of the First Amendment. The heart of the case—the government-held debt collection exemption is a content-based restriction on speech—will have telemarketers rejoicing: no more TCPA nuisance lawsuits! ”Gentlemen… start your dialers!” Wait… stop… what have we done?
While everybody is still digesting the Supreme Court’s status-quo-maintaining decision in Barr v. AAPC, the court announced that they have granted the petition for writ of certiorari in another case that could have significant consequences for the Telephone Consumer Protection Act (TCPA).
This is the way Barr v. AAPC ends
This is the way Barr v. AAPC ends
This is the way Barr v. AAPC ends
Not with a bang but with a whimper.
Back in April, Virginia Governor Ralph Northam signed into law several amendments to the state’s existing law that regulates telemarketing, the Virginia Telephone Privacy Protection Act. Those amendments take effect July 1, 2020.
The Federal Communications Commission (FCC) issued a Declaratory Ruling holding that click-to-text platforms will not be considered to be Automatic Telephone Dialing Systems (ATDS) if the phone number is manually added each time.
The entire telemarketing industry is awaiting the Supreme Court’s decision in AAPC v. Barr, the case that very may well invalidate the Telephone Consumer Protection Act (TCPA) in its entirety. However, the possibility that the main federal enforcement mechanism for regulating telemarketing may soon disappear is no reason for marketers to become lax in their compliance efforts.
