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Automatic Telephone Dialing System

District Court Rules that Predictive Dialer is Not an ATDS

A District Court in South Carolina has issued a ruling in a Telephone Consumer Protection Act (TCPA) lawsuit that addresses one of the most important uncertainties in the wake of the Supreme Court’s decision in Facebook v. Duguid. At issue is whether or not predictive dialers fit within the narrow definition of an automatic telephone dialing system (ATDS) that SCOTUS adopted in its momentous decision two months ago.

Telemarketing and the Cannabis Industry

The legality of the cannabis industry varies wildly from state to state, and even between localities within individual states. Many cannabis companies spend considerable time and resources navigating this confusing legal and regulatory landscape. However, they often fail to understand another risky, similarly complex legal infrastructure: the world of telemarketing regulations.

Florida Legislature Passes New, TCPA-like, State-Level Telemarketing Bill

In late April, the Florida legislature passed a new telemarketing bill. The bill, CS/SB 1120, amends the state’s existing telemarketing laws—the Florida Telemarketing Act and the Florida Do Not Call Act—transforming them from fairly standard pieces of state-level Do Not Call (DNC) legislation to something more akin to a miniature Telephone Consumer Protection Act (TCPA).

District Court Cites SCOTUS’s Facebook Ruling in Cannabis Dispensary TCPA Lawsuit

It took less than a week for a District Court to cite the Supreme Court’s ruling in Facebook v. Duguid. In Montanez v. Future Vision Brain Bank, a Colorado court mentions the landmark SCOTUS ruling in Telephone Consumer Protection Act (TCPA) case against a cannabis dispensary. However, the court did not cite Facebook in order to dismiss the case—at least, not yet.

San Francisco Giants and MLB Advanced Media Sued for Alleged TCPA Violations

Babe Ruth is quoted as having said, "Never let the fear of striking out keep you from playing the game." This may be good advice for a baseball player but it is bad advice for telemarketers who have to worry about the potentially enormous penalties associated with the Telephone Consumer Protection Act (TCPA).