Last month, a district court in Louisiana handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) that effectively rendered the law to be unenforceable for any alleged violations committed during a nearly five-year-long span of time.

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).

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.

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

A group of car dealerships settled a Telephone Consumer Protection Act (TCPA) class action—King v. Classic Chevrolet, Case No.: 4:19-CV-0429-CVE-JFJ, 2020 U.S. Dist. LEXIS 189783 (N.D. Ok.  October 14, 2020)—stemming from alleged text message marketing violations.

Effective Tuesday, 10/13/2020 @ 6 PM CST, conditions of the storm allowed 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 this time.

The 2020 presidential campaign for Michael Bloomberg, a billionaire media mogul and former New York City mayor, lasted barely more than 3 months and cost a reported $1 billion—mostly coming out of his own pocket.