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January TCPA Litigation Roundup

A month into 2022 and the courts have already been busy with notable Telephone Consumer Act (TCPA) cases. Let’s examine some particularly notable case studies from the month of January.

2022 February Restricted Do Not Call Dates

State Restricted Do Not Call Dates

February 21, 2022 – Washington’s Birthday / Thomas Jefferson's Birthday / Presidents Day

  • Alabama, Mississippi, Pennsylvania, Utah, Rhode Island

Canadian Restricted Do Not Call Dates

February 21, 2022 – Family Day 

  • New Brunswick, Alberta, Manitoba, Ontario, Saskatchewan, and British Columbia. 

The TCPA and Personal Liability

Litigation under the Telephone Consumer Protection Act (TCPA) generally targets companies, whether that means telemarketing companies or the sellers that hire them. But there is a legal precedent for TCPA complaints—and the potentially expensive penalties that go with them—to be filed against employees and corporate officers under a theory of individual liability.

2022 January Restricted Do Not Call Dates

State Restricted Do Not Call Dates

January 1, 2022 – New Year’s Day

  • Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah

January 17, 2022 – Dr. Martin Luther King, Jr. Day

  • Alabama*, Louisiana, Mississippi*, Pennsylvania, Rhode Island, Utah

*also Robert E. Lee Day

Canadian Restricted Do Not Call Dates

January 1, 2022 – New Year’s Day 

  • National

30 Years of the TCPA

Today is the 30 year anniversary of President George H.W. Bush signing the Telephone Consumer Protection Act (TCPA) into law. It is fitting that this anniversary is somewhat overlooked as, for the first two decades of its existence, the TCPA served its intended, modest purpose as a statute allowing individual consumers to bring lawsuits in small claims court.

Wrong Numbers Are a TCPA Risk

Wrong numbers sometimes take a backseat to reassigned numbers when discussing Telephone Consumer Protection Act (TCPA) risks. But they represent a similar sort of risk without counterbalancing features like the Reassigned Numbers Database (RND) and its associated safe harbor. Understanding why wrong numbers serve as a source of TCPA risk and implementing measures to mitigate that risk are essential parts of TCPA compliance.

Just the Fax, Ma’am

30 years after the passage of the TCPA, fax machines might not be used as often as they once were but faxes remain a source of TCPA litigation.  Here are some notable TCPA fax cases from this year.