The office of Curtis T. Hill, Attorney General for the state of Indiana, has issued an opinion that clarifies certain aspects of new telemarketing regulations passed by the state legislature. Most notably, the AG sets forth some exemptions to the telemarketing registration requirements run that legislation.
California Governor signed new legislation into law that is designed to address fraudulent robocalls.
A new decision by the Eastern District of California made use of the Ninth Circuit’s broad definition of what constitutes an automatic telephone dialing system (ATDS) from last year’s Marks v. Crunch San Diego decision.
The Pennsylvania state legislature passed a new bill, HR-318, that introduces a number of new restrictions for robocalls. The most notable is that it now extends the state-level Do Not Call List protections in perpetuity. Previously, those protections only lasted for five years unless renewed.
State Restricted Do Not Call Dates
October 14, 2019 – Columbus Day
Canadian Restricted Do Not Call Dates
October 14, 2019 – Thanksgiving Day
The plaintiff in Johnson v. Capital One Servs., No. 18-cv-62058, 2019 U.S. Dist. LEXIS 159633 (S.D. Fla. Sept. 16, 2019) attempted a novel technique in order to provoke Telephone Consumer Protection Act (TCPA) violations from the defendant: trying to revoke consent by speaking with a fake British accent and telling the defendant's agent that they were calling a "wrong number."
A year ago, the landmark Ninth Circuit decision in Marks v. Crunch San Diego, LLC broadened the definition of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Finding the statutory definition to be vague, the court disregarded the precedent of Dominguez v.
In December 2018, the FCC announced a plan to create a reassigned number database. Callers would be able to scrub their number lists against this database in order to remove any numbers that have been reassigned to new users, thus decreasing the possibility of incurring Telephone Consumer Protection Act (TCPA) violations by calling these new users.
As one of their first acts upon returning from the August recess, the House of Representatives Judiciary Committee passed the Forced Arbitration Injustice Repeal (FAIR) Act. This bill could have consequences for Telephone Consumer Protection Act (TCPA) lawsuits in the unlikely event that it becomes enacted into law.