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What Are the Penalties Associated with TCPA Violations?

While the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and state attorneys general also have enforcement powers, the Telephone Consumer Protection Act (TCPA) is primarily enforced through its private right of action, allowing individuals to bring suit under the law. 

State of Emergency in Louisiana Call Prohibition Released

Effective Monday, 11/02/2020 @ 6PM CST, conditions of the storm will allow the release of the LPSC from mandatory EOC presence.

Telephonic solicitations into the state can resume in compliance with the general provisions the LPSC Do Not Call Program General Order, LPSC General Order R-29617, at that time.

President Trump’s Campaign Faces Another TCPA Complaint

While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS).

State of Emergency Declared in Louisiana

Louisiana has declared an emergency that prohibits unsolicited telemarketing calls into the state effective 6 AM CST October 28, 2020.

The state of emergency extends from October 26, 2020 through November 24, 2020, unless terminated sooner. The prohibition of telephonic solicitations will remain in effect until the EOC releases the LPSC from this mandatory reporting status.

2020 November Restricted Do Not Call Dates

State Restricted Do Not Call Dates

November 1, 2020 – All Saints Day 

  • Louisiana - Statutory, not enforced 

November 3, 2020 – Election Day 

  • Rhode Island
  • Pennsylvania
  • Louisiana - Statutory, not enforced 

November 11, 2020 – Veterans Day 

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

November 26, 2020 – Thanksgiving Day 

  • Alabama, Louisiana, Mississippi, Rhode Island, Utah 

November 27, 2020 – *Acadian Day 

  • Louisiana*

*may be proclaimed by the governor. 

Canadian Restricted Do Not Call Dates

November 11, 2019 – Remembrance Day

  • National

Political Survey Triggers TCPA Class Action

In our previous coverage of the intersections between politics and the Telephone Consumer Protection Act (TCPA), we have largely focused on lawsuits faced by campaigns for elected office, such as those conducted by President Trump and Michael Bloomberg. But a recent TCPA class action—Drew v. Am. Directions Research, Grp., Case No. 20-cv-00402, 2020 U.S. Dist. LEXIS 191780 (N.D. Ill. October 16, 2020)—demonstrates how the risk of TCPA liability extends to other sorts of political communications, namely voter surveys.