News

TCPA Wireless Compliance Cliff: Lessons Learned One Year Later

One year ago today, significant TCPA changes involving cell phones and autodialers went into effect, forever changing our industry. So, what is the state of the regulatory environment one year after the TCPA compliance cliff?

Watch out when Calling VoIP phone numbers. TCPA Case Makes it More Dangerous than Ever

The district court found that the TCPA provision that prohibits calls to “any telephone number assigned to … any service for which the called party is charged for the call” applied to the calls to the plaintiff’s VOIP line because the plaintiff was charged per call.

Updates on Consent in Recent TCPA Cases

Albert A. Nigro v. Mercantile Adjustment Bureau. The FCC argued in their brief that the plaintiff had not consented to receive autodialed or prerecorded debt collection calls, by providing their number to the utility company as part of his effort to close a deceased family members’ account.

Court Struggles in Interpreting the TCPA

On July 7, the District Court for the Northern District of Illinois in Kolinek v. Walgreen Co. issued an order vacating its earlier order dismissing the case.

Two recent decisions in the Ninth Circuit

Thomas v. Taco Bell Corp. the Ninth Circuit recently upheld a lower court’s decision declining to extend vicarious liability under agency principles to the defendant in the case. Sherman v. Yahoo! Inc., denied a request by the defendant to reconsider the court’s earlier order denying summary judgment.

Canada Updates DNC Rules

After completing their review of the Unsolicited Telecommunications Rules (UTR), the Canadian Radio-television and Telecommunications Commission (CRTC) has announced several changes that telemarketers who send calls of faxes into Canada need to pay attention to.

Canadian New Anit-Spam Rules Take Effect

Canada's anti-spam legislation (“CASL”) comes into force on July 1, 2014. The new law requires prior express and informed consent to send any type of regulated electronic message through any current or future technology.

Manual Calling Guide for Cell Phones

While we by no means wish to deemphasize the importance of complying with these requirements, it is also important to note that some states have laws that can be even more restrictive.

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