When the Federal Trade Commission (FTC) implemented the National Do Not Call (DNC) Registry in 2003, 32 states already managed their own DNC lists. In the ensuing years, most of those states chose to forgo the continued maintenance of state-specific lists and adopted the federal list.
One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk.
A milestone has been reached with the announcement of the first settlement for a California Consumer Privacy Act (CCPA) class action. The parties in the lawsuit against Hanna Andersson, a retailer of high end children's apparel, reached an agreement last month to settle the case for $400,000.
On Monday, a United States District Court Judge in North Dakota ruled that the state’s law preventing called ID spoofing is unconstitutionally encroaching on Congress’s authority to regulate interstate trade.
This week, both houses of the California state legislature passed the Debt Collection Licensing Act (SB 908), a bill that makes California one of 35 states to require a license in order to practice debt collection. Governor Gavin Newsom is expected to sign the bill into law.
As we reach the middle of the summer, we are approaching the homestretch of an election year. This means, among other things, that we are near a high water mark for political messaging by means of telephone solicitation. Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true.
Back in April, Virginia Governor Ralph Northam signed into law several amendments to the state’s existing law that regulates telemarketing, the Virginia Telephone Privacy Protection Act. Those amendments take effect July 1, 2020.
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.
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.