TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

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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Jul 09, 2019

Mississippi Allows Business Numbers on State Do Not Call Registry

Mississippi recently adopted emergency rules modifying its Telephone Solicitation Act.  The most notable change is that businesses may register their numbers on the state’s “No Call List.”  Entities making business-to-business telemarketing calls must suppress calls to numbers on the state’s No Call List unless an exemption applies. The emergency rules also place a duty on telephone service providers to ensure [...]

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Jun 27, 2019

Indiana Blows Open Telemarketing Registration Requirements

Indiana’s recently enacted HB 1123 is set to take effect July 1, 2019, and any business making calls to Indiana residents should take note of its drastic changes. The new law brings with it sweeping revisions to the scope of telemarketing regulation and severe penalties for violations of its requirements. Previously, Indiana’s telemarketing laws required a limited number of sellers [...]

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Jun 20, 2019

BREAKING: “Stopping Bad Robocalls Act” Revision Unveiled with Bipartisan Support

On June 20, 2019, the House Energy and Commerce Committee introduced a revised version of the “Stopping Bad Robocalls Act”. The Act was originally introduced in 2018 and re-introduced in February 2019 after Representative Pallone (D-NJ) became Chair of the Committee. This revised version follows in the wake of the Federal Communications Commission’s (FCC) decision to allow telephone providers to [...]

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