New State Telemarketing Laws are Filling the TCPA Void

If your telemarketing practices comply with the FCC’s Telephone Consumer Protection Act, your business is safe, right? Don’t be so sure.

Although TCPA litigation began to decline following the U.S. Supreme Court’s 2021 decision in Facebook v. Duguid, many states rejected the decision’s narrowed definition of an autodialer and moved forward in creating or amending their own telemarketing laws – in some cases, with even greater restrictions.

Most notably, just 2 months after Duguid, Florida enacted is own “mini-TCPA” law that broadly restricts certain telemarketing calls and texts made to Florida residents using an “automated system for the selection or dialing of telephone numbers.” As more states follow suit, we expect to see this trend continue, along with an uptick in litigation premised upon state telemarketing laws.

It’s imperative to stay on top of rapidly changing state laws when it comes to your telemarketing practices. M&S Litigation Director Lisa Messner states it best, “An ounce of prevention is worth a pound of cure.”

If you have any questions about your business’s telemarketing programs, contact us. Our compliance team is here to help.

Lisa is a Partner and the Litigation Director at M&S. She defends highly regulated businesses in class actions, complex commercial litigation, and government enforcement actions brought by state and federal agencies. Lisa also provides mediation and arbitration services, serving as a skilled neutral in helping disputing parties achieve resolution outside of the courtroom.

1197 798 Lisa Messner
Share This Post:
Start Typing
Skip to content