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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.

Car Dealerships Settle TCPA Class Action for $850,000

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.

State of Emergency in Louisiana Call Prohibition Released

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.


Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.