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Judge Rules That Massachusetts’ Emergency Debt Collection Ban Is Unconstitutional

At the end of March, Massachusetts Attorney General Maura Healey filed emergency regulations banning the collection of consumer debt during the COVID-19 crisis, including a 90 day ban on debt collection calls and text messages to Massachusetts residents. Last week, a judge issued an injunction preventing the Attorney General from enforcing that ban.

Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent

An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds.

Supreme Court Finally Hears Oral Arguments in TCPA Case

After a delay due to the COVID-19 crisis, the Supreme Court heard oral arguments on Wednesday in a case—William P. Barr, et al. v. American Association of Political Consultants, et al.—that could very well result in the Telephone Consumer Protection Act (TCPA) being ruled unconstitutional. We offer you a summary of these oral arguments based on a reading of several expert analyses.

Top 5 Risks for Inbound Calling Centers

Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations.

What a TCPA Lawsuit Can Cost You

Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.

How to Effectively Make Use of Telemarketing Safe Harbor Provisions

According to Cornell Law School’s Legal Information Institute, a “Safe Harbor” is “a provision granting protection from liability or penalty if certain conditions are met. A safe harbor provision may be included in statutes or regulations to give peace of mind to good-faith actors who might otherwise violate the law on technicalities beyond their reasonable control.”

FCC Continues to Implement Provisions of the TRACED ACT

The Pallone-Thune TRACED Act was signed into law on December 30, 2019 as a major piece of legislation governing the regulation of robocalls. Last week, the Federal Communications Commission (FCC) continued its implementation of the TRACED Act, announcing new rules and seeking public comment on another proposed rule.