The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) issued letters to three gateway providers demanding that they shut off traffic to overseas robocallers whom the Commissions have identified as engaging in scam calls related to the COVID-19 pandemic.
In the world of telemarketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text platforms are one of the riskiest of all, in large part because the telemarketers who use them are often not aware of the risks.
State Restricted Do Not Call Dates
June 1, 2020 – Jefferson Davis' Birthday
June 3, 2020 - Confederate Memorial Day
Canadian Restricted Do Not Call Dates
June 21, 2020 – Aboriginal Day
June 22, 2020 – Discovery Day
June 24, 2020 - St. Jean Baptiste Day
Last Friday, the Minnesota Department of Commerce issued Regulatory Guidance 20-27 clarifying remote work procedures for the debt collection industry and extending that guidance to cover Governor Tim Walz’s extension
At the end of March, Massachusetts Attorney General Maura Healey filed emergency regulations banning the collection of consumer debt during the COVID-19 crisis, including a 90 day ban on debt collection calls and text messages to Massachusetts residents. Last week, a judge issued an injunction preventing the Attorney General from enforcing that ban.
An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds.
After a delay due to the COVID-19 crisis, the Supreme Court heard oral arguments on Wednesday in a case—William P. Barr, et al. v. American Association of Political Consultants, et al.—that could very well result in the Telephone Consumer Protection Act (TCPA) being ruled unconstitutional. We offer you a summary of these oral arguments based on a reading of several expert analyses.
Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.
According to Cornell Law School’s Legal Information Institute, a “Safe Harbor” is “a provision granting protection from liability or penalty if certain conditions are met. A safe harbor provision may be included in statutes or regulations to give peace of mind to good-faith actors who might otherwise violate the law on technicalities beyond their reasonable control.”