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.
Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations.
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.”
The Federal Trade Commission (FTC) announced today a new interactive web page that allows consumers to access years of historical Do Not Call (DNC) and Robocall data with information on types of calls and spikes in complaints.
Effective July 1, 2019, the state of Mississippi has enacted emergency rules that modify their Telephone Solicitation Act. The changes to Mississippi's DNC Registry will impact telemarketing to both residential and business numbers. Expect an increase in civil penalties for violations.
Calls to these States on restricted (Do Not Call) dates could result in a potential State violation:
October 8, 2018, Columbus Day
October 8, 2018, Thanksgiving Day
Numerous counties in Georgia, North Carolina, South Carolina, Virginia and Washington D.C. have declared a state of emergency. While there is no law prohibiting marketing to these areas, limiting solicitation calls and texts is recommended during Hurricane Florence.
Calls to these States on restricted (Do Not Call) dates could result in a potential State violation:
September 3: Labor Day
September 3: Labour Day
Calls to these States on restricted (Do Not Call) dates could result in a potential State violation:
August 6: Civic Day
August 13: Victory Day
August 30: Huey P. Long Day *Statutory but not enforced as a Do Not Call Holiday