Certification Denied in TCPA Class Action Against Cannabis Delivery Company
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits.
News
2020 February Restricted Do Not Call Dates
State Restricted Do Not Call Dates
February 17, 2020 – Washington's Birthday
- Alabama*, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah**
- *Also known as George Washington's and Thomas Jefferson's Birthday
- **Also known as Washington and Lincoln Day
February 25, 2020 - Mardi Gras
- Alabama, Louisiana*
- *Must be proclaimed by Governor.
Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent
A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.
TRACED Act Signed Into Law
President Donald Trump signed the TRACED Act into law on December 30, 2019. The bill had passed both houses of Congress with near-unanimous, bipartisan support.
2020 January Restricted Do Not Call Dates
State Restricted Do Not Call Dates
January 1, 2020 – New Year’s Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
January 8, 2020 – Battle or New Orleans
- Louisiana (Statutory, not enforced)
January 20, 2020 – Martin Luther King, Jr. Day
- Alabama*, Louisiana*, Mississippi*, Pennsylvania, Rhode Island, Utah
*Also Robert E. Lee Day
Canadian Restricted Do Not Call Dates
January 1, 2020 – New Year’s Day
- National
Pallone-Thune TRACED Act Passes Senate, Awaits President’s Signature
The Senate passed the Pallune-Thune TRACED Act by voice vote on Thursday. It has previously passed the House of Representatives by a count of 417-3. President Trump is expected to sign it into law soon.
District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations
A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations.
New York Governor Signs New Telemarketing Restrictions Into Law
New York Governor Andrew Cuomo signed a bill into law on Monday that places new restrictions on telemarketers calling residents of that state. The Nuisance Call Act is designed to close loopholes in the state’s existing telemarketing legislation, which was originally passed in 2001.
Bank Hit with Near-$200,000 Judgment for TCPA Violations
The Southern District of New York Court rendered a costly judgment against the defendant in Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 203613 (S.D.N.Y. Nov. 22, 2019): $197,000 for 380 calls that violated the Telephone Consumer Protection Act (TCPA).