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Pennsylvania AG Sues Marketer for Supplying Leads to Robocallers

Last week, Pennsylvania Attorney General Josh Shapiro announced that he had filed a lawsuit against a digital marketer for generating leads that allegedly resulted in “hundreds of thousands of unwanted robocalls to be placed to Pennsylvania consumers.” Shapiro’s lawsuit alleges that Fluent, Inc. and its subsidiaries “collected personal information, including telephone numbers, and that was then sold to telemarketing companies.”

Oklahoma Telephone Solicitation Act Webinar Recap

We recently hosted a webinar breaking down the Oklahoma Telephone Solicitation Act of 2022 (OTSA). The webinar was hosted by CCC’s Director of Compliance Services, Arvell Craig, with our guest, Aaron C. Tifft from Hall Estill, offering his expertise.

Healthcare Calls Face Deliverability Challenges

Calling and messaging is an essential facet of modern healthcare. But even the most compliant healthcare callers are facing a new challenge that seriously impedes their ability to communicate with patients: the risk of calls being marked as spam or not being received due to the new regime of call blocking and labeling policies, apps, and regulations.

2022 November Restricted Do Not Call Dates

State Restricted Do Not Call Dates

November 1, 2022 – All Saints Day

  • Louisiana*

November 8, 2022 – Election Day

  • Pennsylvania

November 11, 2022 – Veterans Day

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

November 24, 2022 – Thanksgiving Day

  • Alabama, Louisiana, Mississippi, Rhode Island, Utah

November 25, 2022 – Acadian Day

  • Louisiana**

*Statutory, not enforced.

**May be proclaimed by the governor.

Canadian Restricted Do Not Call Dates

November 11, 2022 – Remembrance Day

  • National

Litigators Targeting Chat Bots for CIPA Wiretapping Claims

Back in June, we covered an unusual case, Javier v. Active Prospect, in which the Ninth Circuit issued an unpublished opinion in which it accepted a plaintiff’s argument that the use of Active Prospect’s TrustedForm screen recording technology to capture consumer consent could constitute illegal wiretapping under the California Invasion of Privacy Act (CIPA).

Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims

Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits.