Copilevitz & Canter’s free publication, Telemarketing Connections, provides a snapshot that is valuable of many prompt dilemmas of concern towards the industry.
Telemarketing Connections Newsletter
Our free publication, Telemarketing Connections, provides a very important snapshot of the very most prompt dilemmas of concern into the industry.
Federal Communications Commission
The Federal Communications Commission (“FCC”) has required comment that is public exactly just exactly how it will control illegal robocalls to hospitals. Commentary are due by February 1, 2021. See
Federal Trade Commission
The Federal Trade Commission (“FTC”) has posted brand brand new civil penalty amounts for violations of their legislation including actions for unjust misleading trade methods often found in telemarketing instances. The penalty that is maximum breach for the unfair misleading work is currently $43,280. See .
Comment: If the FTC considers each call to be always a breach, these civil charges could be ruinous. Therefore it’s very important to examine compliance because of the Telemarketing product Sales Rule although it is not see site likely to be utilized in a civil course action just like the phone customer Protection Act (“TCPA”) so commonly is.
Florida
A Florida court has enforced an arbitration contract against a plaintiff whom defaulted on a car loan, then alleged calls to get the car finance violated the Fair Debt Collection methods Act (“FDCPA”) while the TCPA. Grand v. Fast Automobile Financing, Inc.
Remark: It is vital that the agreements with customers have enforceable arbitration clauses to stop nuisance and worse, TCPA allegations. Please contact me us to review your contracts with regard to this issue if you would like.
Maine
A court has denied an expert se TCPA plaintiff’s claim in order to register his suit underneath the TCPA and FDCPA with no filing cost. Strange v. Juiceman.
Maryland
Another TCPA that is frequent plaintiff Worsham has lost a claim against Discount Power, Inc. Worsham v. Discount energy, Inc. The defendant argued their 17-count grievance centered on seven telephone calls neglected to state a claim in breach of this TCPA or perhaps the Maryland phone customer Protection Act because he asserted “absolutely no facts to aid [the] allegation that [defendant] utilized an [automatic phone dialing system].”
Comment: Worsham is really an attorney that is disbarred now files pro se situations by himself behalf.
Nevada
a vegas cannabis dispensary is currently a defendant in a TCPA class action they visited to purchase marijuana after it texted consumers who had provided their telephone number to the business when. Stanley, et al. v. Terratech.
Comment: If, as alleged, the plaintiffs supplied their number as a disorder to enter the store, it’s not previous express permission since the number ended up being supplied not to ever facilitate interaction however for another purpose that is limited. That you do not create limitation that would allow a plaintiff to claim a provision to the telephone number is not prior express consent if you intend to rely on this form of prior express consent, you should ensure.
Brand Brand New Hampshire
The brand new Hampshire home is considering a bill (HB 510) which may alter the state’s automated telephone dialing unit statute to permit prerecorded calls just for crisis purposes or with previous express consent.
Ny
A bill happens to be proposed within the New York Senate (SB 1349) which may require organizations make open to customers totally free use of all customers’ private information retained because of the company in the event that company provides that private information to virtually any alternative party. The limitation is certainly not restricted to companies that offer customer information, in other words. any type of sharing would trigger the notice requirement.
Texas
A judge has permitted a fraudulence counter-claim to continue against Craig Cunningham, a regular TCPA pro se plaintiff. Cunningham v. Usa Auto Protection. The defendant alleged plaintiff made “material and continuous false representations … that he knew had been false and therefore he intended [defendant] to rely upon.”
Comment: Plaintiffs frequently will “play along” with telephone calls supplying false information to create later on calls. This situation might be a defense that is important such situations.