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TCPA Violations: What Constitutes Harm?

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era. As a result, a significant portion of the responsibility for the evolution and clarification of regulatory efforts has been carried out through court opinion.

What Is a Robocall?

The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.

Three More Cannabis Dispensaries Sued for TCPA Violations

As the idiom goes, once is an exception, twice is a coincidence, thrice is a trend. Well, there are so many Telephone Consumer Protection Act (TCPA) complaints being filed against cannabis businesses that it is far beyond the realm of idiom. Three different TCPA class actions have been filed against cannabis dispensaries just within the state of California recently.

2021 February Restricted Do Not Call Dates

Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation:

State Restricted Do Not Call Dates

February 4, 2021 – Rosa Parks Remembrance Day

  • Pennsylvania

February 15, 2021 – Washington’s Birthday

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

February 16, 2021 – Lithuanian Independence Day

  • Pennsylvania

February 16, 2021 – Election Day*

  • Pennsylvania

February 16, 2021 – Mardi Gras

  • Alabama*, Louisiana **

Canadian Restricted Do Not Call Dates

February 15, 2021 – Family Day

  • British Columbia, Alberta, Saskatchewan, Ontario, New Brunswick

2021 TCPA Compliance Trends

There’s been a trend in outbound sales and lead generation over the last few years. You might describe it as a gradually constricting strangle on the ability of outbound call centers to actually get through to consumers. It’s no secret that this trend runs a parallel course with the trends of increasing TCPA compliance restrictions and other FCC led efforts to shield consumers from telemarketing abuse.