The Oklahoma Telephone Solicitation Act (OTSA) went into effect late last year and we are now beginning to see notable litigation resulting from it. Earlier this year, a class action was filed against Office Depot alleging violations of the OTSA’s dangerous autodialer restrictions.
At the end of last month, Connecticut Governor Ned Lamont signed a bill into law that changes some aspects of the state’s telemarketing regulations. The new law expands the applicability of the state’s prohibitions on telephonic sales calls.
Louisiana Governor John Bel Edwards has declared that July 3, 2023 is a legal holiday within the state. Due to Louisiana’s telemarketing laws, this means that sales calls will be banned.
Earlier this month, the Sixth Circuit Court of Appeals ruled that the receipt of a single ringless voicemail (RVM) was sufficient to satisfy the Article III requirements for standing in a Telephone Consumer Protection Act (TCPA) class action.
State Restricted Do Not Call Dates
July 3, 2023 – Legal holiday*
July 4, 2023 – Independence Day
July 24, 2023 – Pioneer Day
Canadian Restricted Do Not Call Dates
July 1, 2023 – Canada Day
July 3, 2023 – Canada Day (observed)
* The Governor of Louisiana has issued a proclamation declaring July 3, 2023 a legal holiday in the state. Telephone solicitations are prohibited, unless exempt, on that day.
Often the most punitive aspects of telemarketing regulations are reserved for autodialed calls made without proper consent. This is a significant component of the federal Telephone Consumer Protection Act (TCPA) as well as state-level laws such as the Florida Telephone Solicitation Act (FTSA) and Oklahoma Telephone Solicitation Act (OTSA).
May 2023 was a busy news month for telemarketing compliance and deliverability.
Florida Governor Ron DeSantis signed amendments to the Florida Telephone Solicitation Act (FTSA) on May 26.
State Restricted Do Not Call Dates
June 5, 2023 – Jefferson Davis' Birthday
June 14, 2023 – Flag Day
June 17, 2023 – Juneteenth Day
June 19, 2023 – Juneteenth National Freedom Day
Canadian Restricted Do Not Call Dates
June 21, 2023 – Aboriginal Day
June 24, 2023 - St. Jean Baptiste Day