News
Smartphone App Includes Automatic Robocall Lawsuit Feature
As robocalls have become an increasingly prominent issue, software developers have produced a bevy of anti-robocall apps. Most of these are variations on a call-blocking theme but one new app takes things much further. DoNotPay’s “robot lawyer” app has a new feature, called Robo Revenge, that essentially baits robocallers into Telephone Consumer Protection Act (TCPA) lawsuits.
Judge Orders Defendant in TCPA Case to Be Arrested
While Telephone Consumer Protection Act (TCPA) violations can be very expensive, it’s rare for them to result in an arrest. A telemarketer in Texas has managed to conduct himself so egregiously in his TCPA lawsuit that he may end up spending some time behind bars, or at least in handcuffs.
Court Dismisses TCPA Suit Against Subway on Multiple Grounds
The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds.
Certification Denied in TCPA Class Action Against Cannabis Delivery Company
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits.
2020 February Restricted Do Not Call Dates
State Restricted Do Not Call Dates
February 17, 2020 – Washington's Birthday
- Alabama*, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah**
- *Also known as George Washington's and Thomas Jefferson's Birthday
- **Also known as Washington and Lincoln Day
February 25, 2020 - Mardi Gras
- Alabama, Louisiana*
- *Must be proclaimed by Governor.
Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent
A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.
TRACED Act Signed Into Law
President Donald Trump signed the TRACED Act into law on December 30, 2019. The bill had passed both houses of Congress with near-unanimous, bipartisan support.
2020 January Restricted Do Not Call Dates
State Restricted Do Not Call Dates
January 1, 2020 – New Year’s Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
January 8, 2020 – Battle or New Orleans
- Louisiana (Statutory, not enforced)
January 20, 2020 – Martin Luther King, Jr. Day
- Alabama*, Louisiana*, Mississippi*, Pennsylvania, Rhode Island, Utah
*Also Robert E. Lee Day
Canadian Restricted Do Not Call Dates
January 1, 2020 – New Year’s Day
- National