Florida Legislature Amends FTSA, Greatly Reducing Danger of ATDS Claims
The Florida legislature has passed major amendments to the state’s main piece of telemarketing regulations, the Florida Telephone Solicitation Act (FTSA).
Compliance Refresher: Calling Florida and Oklahoma
State-level telemarketing laws are nothing new. In fact, many states’ laws predate the federal Do Not Call (DNC) Registry and Telephone Consumer Protection Act (TCPA). But level of risk associated with state telemarketing regulations has increased precipitously in recent years, particularly in Florida and Oklahoma.
March Grab Bag
We have gathered some notable stories from the past month.
Court Allows TCPA Claims by Serial Plaintiff to Go to Trial
Earlier this month, a magistrate judge allowed a Telephone Consumer Protection Act (TCPA) complaint filed by a notorious serial plaintiff to move forward to trial despite evidence potentially indicating that his claims were manufactured. This decision demonstrates the risks that these sorts of serial plaintiffs pose.
Court Affirms Criminal Penalties in Rhode Island for Not Registering as a Debt Collector
A Telephone Consumer Protection Act (TCPA) ruling this week in a federal court in Rhode Island affirmed that state law does allow for criminal penalties for debt collectors who fail to register as such under the state’s laws.
TCPA Outlook for 2023 Webinar Recap
Earlier today we hosted a webinar, TCPA Outlook for 2023 with Czar of TCPAWorld, Eric J. Troutman. It was a wide ranging, informative, somewhat off the cuff discussion between Eric and Contact Center Compliance Director of Compliance Services, Arvell Craig. They covered the current state of the marketing and calling industry and what likely lies in the year ahead.
Recent Multimillion-Dollar Settlements Show TCPA Danger Remains
Sometimes it may mistakenly seem as if all is quiet on the Telephone Consumer Protection Act (TCPA) front. However, these seeming trends do not mean that the dangers of TCPA have abated in any significant way.
Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims
Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits.
June Grab Bag: Compliance News
The TCPA, FCC, and state law news that matters from June.
Compelled Arbitration as a TCPA Defense Strategy
In recent months, multiple notable Telephone Consumer Protect Act (TCPA) court decisions have hinged on questions of arbitrability and the enforcement of mandatory arbitration clauses. These clauses are a valuable method of defense for callers and TCPA defendants, but they are not a simple, end-all-be-all solution. They are a complex legal defense strategy and a topic of considerable depth and nuance.