The FTC has a telemarketing sales rule which requires do not call telemarketer compliance
The Federal Trade Commission protects consumers not telemarketing companies
National Do Not Call Registry and List Compliance News
DO NOT CALL STATE & FEDERAL REGULATORY NEWS

This newsletter (or material) is prepared by Copilevitz and Canter, LLC, (816) 472-9000, http://copilevitz-canter.com/, braney@cckc-law.com. Copilevitz and Canter, LLC, does not provide legal services to Do Not Call Compliance or donotcallcompliance.com and does not endorse our website or services. This information is not to be used as a substitute for legal counsel.
 
2021 Newsletters
 
 
 
 
 
 
 
 
2020 Newsletters
 
 
 
 
 
 
 
 
2019 Newsletters
 
 
 
 
 
 
 
 
 
 
 
2018 Newsletters
 
 
 
 
 
 
 
 
 
 
 
 
2017 Newsletters
 
 
 
 
 
 
 
 
 
 
 
 
2016 Newsletters
 
 
 
 
 
 
 
 
 
 
 
 
2015 Newsletters
 
 
 
 
 
 
 
 
 
 
 
2014 Newsletters
 
 
 
 
 
 
 
 
 
 
2013 Newsletters
 
 
 
 
 
 
 
 
 
2012 Newsletters
 
 
 
 
 
 
 
 
2011 Newsletters
 
 
 
 
 
 
 
 
 
2010 Newsletters
 
 
 
 
 
 
 
2009 Newsletters
 
 
 
 
 
 
2008 Newsletters
 
 
 
 
 
 
 
 
2007 Newsletters
 
 
 
 
 
 
 
 
 
 
 
2006 Newsletters
 
 
 
 
 
 
 
 
 
 
2005 Newsletters
 
 
 
 
 
 
 
 
 
 
 
 
2004 Newsletters
 
 
 
 
 
 
 
 
 
 
 
 
State Do Not Call
 

November 2015 - Call Compliance News

FCC

The FCC has begun to produce a weekly list of unwanted “robo and telemarketing calls” containing thousands of complaints listed by time, date, caller ID number, type of call, and state.  The lists do not include the name or phone number of the recipient for the call.

Comment: You should review the caller ID numbers on the lists to determine if your caller ID is being used (either by you or by a spoofer) and head off a potential problem before you hear from the FCC on the issue.

The FCC has settled a claim with Cox Communications involving the company’s loss of customers’ personal data.  Cox paid $595,000 to settle claims that it improperly divulged confidential information resulting in a data breach.  In this matter, a third party deceived a Cox customer service representative.

Comment: The FTC, FCC, and state attorneys general can all enforce laws regarding breach of customer personal information.  Basically, there is a requirement in every state that you notify someone (e.g. the consumer, the state attorney general etc.) of a breach, so if you have a breach, you should report it immediately to your lawyer to determine what your legal obligations are. If you would like a summary of these laws, please contact me.

The FCC and FTC have entered into a new memorandum of understanding regarding enforcement of the Communications Act of 1934 and laws designed to prevent unfair or deceptive acts in commerce.  See https://www.ftc.gov/system/files/documents/cooperation_agreements/151116ftcfcc-mou.pdf.

In that document, the agencies specifically agree that it is their position that the FCC is not barred from enforcing the FTC Act against common carriers engaged in “non-common carrier activities.”  “Common carriers” include telephone companies.

Comment: The TCPA and TSR are, for the most part, consistent, but there are still some differences in the rules, most notably with regard to calls to cell phones.

FTC

The FTC has announced more than 30 law enforcement actions against debt collectors who allegedly used illegal tactics.  The plan “Operation Collection Protection” is a cooperative effort between the FTC and state and local law enforcement.  A few of the defendants include BAM Financial, Delaware Solutions, KIP, LLC, and the National Check Registry.

TCPA

Western Union has agreed to pay $8.5 million to settle claims it sent unsolicited text messages to persons who had not previously expressly consented to those messages.  The plaintiffs’ attorneys will be awarded 35 percent of the fund, or approximately $2.9 million.

U.S. Congress

The U.S. Congress has amended the TCPA pursuant to the Bipartisan Budget Act of 2015 to allow calls to cell phones without prior express consent if made solely to collect a debt owed to or guaranteed by the United States.

Comment: Many types of loans are guaranteed by the United States including student loans, many categories of mortgages, taxes, etc.  On top of this, this is one more “content based” exemption to the TCPA’s restrictions on calls to cell phones which call the entire statute’s constitutionality into question. If you would like to discuss a constitutional challenge to this section of the TCPA, please contact me.

U.S. Supreme Court

The United States Supreme Court heard oral argument in the Spokeo v. Robbins case on November 2nd.  Spokeo argued that Article III of the United States Constitution requires an actual injury for a plaintiff to make a claim and statutes like the TCPA and the SCRA do not require that plaintiffs have an “actual injury” to sue and thus federal courts cannot hear those claims.

Comment: From the questions, it appeared that conservative justices supported Spokeo’s position but it is hard to predict the outcome.

California

A California court has dismissed a case against Dun & Bradstreet.  Freyja v. Dun & Bradstreet, Inc.  The plaintiff alleged she was called on her cell phone using an automatic telephone dialing system.  The Court rejected this argument noting that she was called on a desktop phone that could not be used as an autodialer.  The plaintiff claimed that the phone could have been connected to an Avaya server and a desktop computer, but could not show that it was connected nor that it had the “capacity” to dial without human intervention.

The authors make every attempt to provide current, accurate information, but Telemarketing ConnectionS® is not intended to be a substitute for legal counsel, and readers should not use it in lieu of obtaining knowledgeable legal, or other professional, counsel expert in the field of commercial telemarketing law. References in Telemarketing ConnectionS® do not constitute endorsement by Copilevitz & Canter, L.L.C. or Telemarketing ConnectionS®. January 1, 2005, Copilevitz & Canter, L.L.C.
 
  Telemarketing Do Not Call Compliance - Avoid large fines by staying compliant.   NDNCR and SDNCR - National Do Not Call Registry and State Do Not Call Registry - Know the difference.
The Do Not Call Compliance Silver Plan offers an Automated federal and state do not call compliance solution. Scrub your list yourself using our automated list scrubbing system.
Telemarketing companies are required to enroll in the Federal Do Not Call Registry.
Do Not Call Compliance.com has the robust software technology and computer power to properly remove (scrub) the Do Not Call numbers from your telemarketing lists.
The National Do Not Call Registry is a list of phone numbers from consumers who have indicated their preference to limit the telemarketing calls they receive.
This Site is designed for use with MSIE 7+,FF 3.5+, Chrome, Opera and other modern browsers.
A Broadband Internet Connection is recommended for uploading and downloading files.


Terms of Use | User Agreement | Privacy and Security Policy

© Copyright 2003-2021 Do Not Call Compliance - Telemarketing Do Not Call List Compliance Service.
All Rights Reserved. Information on this site is not to be used as a substitute for legal counsel.

Do Not Call Compliance | | 800-930-7252