Skip to main content

Free call deliverability test

News

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.

2022 October 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

October 10, 2022 – Columbus Day

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

*Columbus Day & Fraternal Day

Canadian Restricted Do Not Call Dates

October 10, 2022 – Thanksgiving Day

  • National

Call Deliverability News Grab Bag

Call deliverability is becoming the most important frontier in regulatory battles for callers. Thanks to a confluence of factors, regulatory regimes have focused increasing attention on shutting off illegal robocall traffic before it can reach consumers, even if that comes at the expense of legitimate callers. Here are some recent news stories relating to this ongoing challenge.

State and Federal Enforcement Actions Present Unique Challenges for Marketers

On August 2, the attorneys general from all 50 states announced the creation of an Anti-Robocall Litigation Task Force. The purpose of this task force is "to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States." This represents an escalation in the ongoing trend of state and federal regulators—often working together—directly enforcing telemarketing regulations rather than merely leaving things to private plaintiffs in lawsuits and class actions. These regulatory enforcement efforts present particular challenges for law-abiding callers.

Robinhood Sued Under Washington State Law for Referral Texts

Earlier this month, a district court in Washington ruled against Robinhood, the stock trading app and brokerage, in its attempts to get a text-message-based class action dismissed. What makes it especially notable is the class action is being brought under Washington’s Consumer Electronic Mail Act (CEMA) rather than the federal Telephone Consumer Protection Act (TCPA).