​​​​​​​Updated: Now includes Georgia, South Carolina, North Carolina, and Virginia. Note: While there is no legal prohibition to solicitation calls to these states, we recommend you exercise caution before marketing to consumers in areas affected by the hurricane.  On Wednesday Florida Gov. Ron DeSantis declared a state of emergency for 26 Florida counties including all of South Florida, as Hurricane Dorian approaches. States of emergency have been subsequently declared in Georgia, South Carolina, North Carolina, and Virginia.

Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation:

State Restricted Do Not Call Dates

September 2, 2019 – Labor Day

• Alabama, Louisiana, Mississippi, Rhode Island, Utah

Canadian Restricted Do Not Call Dates

September 2, 2019 – Labour Day

• All provinces

Western District of Michigan split on what constitutes an Automatic Telephone Dialing System under the Telephone Consumer Protection Act.

Grocery store chain Kroger uses plaintiff’s own evidence against him in a TCPA case that resulted from a beef over calls made using an ATDS.

The First Circuit Court of Appeals delivered a ruling that has enormous consequences for TCPA compliance with regards to hybrid VoIP-Cellular services.

The Western District of Oklahoma court found NorthStar Alarm Systems vicariously liable for violations of the TCPA from a lead seller's actions.

Another court decision offers further precedent that predictive dialers are not per se considered automatic telephone dialing systems (ATDS) under the TCPA.

The Northern District of Texas determined that predictive dialers are not necessarily classified as an automatic telephone dialing system (ATDS).