TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Nov 04, 2019

Regulatory Alert: Pennsylvania Amends Telemarketing Registration Act

The Governor of Pennsylvania has signed House Bill 318 amending the state’s Telemarketing Registration Act. Please note, the Act is now more restrictive in several of its requirements than the Telephone Consumer Protection Act (TCPA) and the Federal Do Not Call Registry (DNC). The following changes will take effect December 3, 2019: Businesses may add their telephone numbers to the [...]

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Oct 10, 2019

Indiana AG’s Office Clarifies Telemarketing Registration Exemptions

Earlier this year, the Indiana legislature amended the state’s Telephone Solicitor Act, making it mandatory that all telephone solicitors register with the state without exception. The Indiana Attorney General recently issued an opinion stating that the exemptions to Indiana’s Telephone Solicitation of Consumers law, an entirely different statute that contains the state’s Do Not Call law, now apply to the [...]

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Sep 17, 2019

Debt Collector Fined $267M in TCPA Class Action, $500 Per Call

The Northern District Court of California recently entered a $267 million judgment against a debt collector for TCPA violations. The Court found that Rash Curtis & Associates violated the TCPA by making 534,000 autodialed or prerecorded calls to debtors’ cell phones without valid consent. The final judgment awarded each class member $500 per call for an aggregate award of $267 [...]

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Sep 03, 2019

Eleventh Circuit: A Single Text Message Was Insufficient to Establish Standing

Last week, in Salcedo v. Hanna, the Eleventh Circuit held that a plaintiff lacked standing to pursue TCPA allegations against a law firm that sent him a single text message advertisement. Like many TCPA plaintiffs, Salcedo argued that he suffered a concrete injury because the text message was an invasion of privacy, interfered with his right to enjoy the full [...]

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Aug 27, 2019

Bad Traffic Still in the FTC’s Headlights: Lead Generation Under Scrutiny

The Federal Trade Commission (FTC), under the leadership of Director Andrew Smith, continues to focus its consumer protection enforcement efforts on the lead generation industry. As we reported last Spring, the FTC is cracking down on companies that generate or purchase consumer data gathered without the proper consent and that “big, responsible companies” are no safer from FTC scrutiny than [...]

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Aug 27, 2019

State Attorneys General and Telecom Companies Sign Anti-Robocall Agreement

Attorneys General from all 50 states plus the District of Columbia have come together with twelve major telecommunications service providers including AT&T, Verizon, T-Mobile, and Sprint to form a partnership for reducing robocalls that inundate U.S. consumers. The alliance comes just weeks after the Federal Trade Commission (FCC) voted to give phone companies the right to block unwanted calls without [...]

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Aug 08, 2019

Opt-Out Notices Not Required for Solicited Fax Advertisements

Recently, the Eleventh Circuit upheld the dismissal of a proposed class action by two hotel operators on the grounds that senders of solicited fax advertisements are not required to provide the recipient with an opt-out notice. Two hotel operators, which operate Super 8 Motels and Wingate Hotels, argued that Safemark Systems violated the TCPA by sending unsolicited fax advertisements that [...]

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Jul 18, 2019

House Lawmakers Unanimously Approve Amended Bipartisan Robocall Bill

Congressional Act H.R. 3375, known commonly as the Stopping Bad Robocalls Act, has sailed through the House Energy and Commerce Committee with a unanimous vote of approval. While the Act’s previously analyzed requirements remain intact, the following noteworthy amendments were included with the Committee approval: In relation to the Federal Communication Commission’s (FCC) reassigned numbers database, the Act clarifies that [...]

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Jul 15, 2019

Louisiana Lifts Telemarketing Ban

We previously reported that in preparation for a Potential Tropical Cyclone Two, businesses were temporarily banned from making non-exempt telephone solicitations into Louisiana. As of 2:00 PM CT today, Louisiana lifted the ban and telemarketing activities may resume. For more information or to check on the status of the calling prohibition, please visit the Louisiana PSC’s State of Emergency website.

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Jul 11, 2019

Louisiana Declares State of Emergency, Triggers Telemarketing Ban

Louisiana has declared a state of emergency in preparation for Potential Tropical Cyclone Two. Businesses may not make non-exempt telephone solicitations into the state until further notice. Relevant exemptions are listed in La. R.S. 45:844.31. For more information or to check on the status of the calling prohibition, please visit the Louisiana PSC’s State of Emergency website.

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