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
 

July 2016 - Call Compliance News

FCC

On July 5, 2016, the FCC exempted congressional “tele town halls” from the TCPA restrictions on calls to cell phones and prerecorded voice calls.  The FCC stated that “federal, state, and local governments are not persons as that term is used in the TCPA.”  The FCC further ruled that the term does not include a contractor for a government agency working on its behalf. The ruling is available at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0706/FCC-16-72A1.pdf. 

Once again, the FCC has created a piece meal exemption to the TCPA’s restrictions.  Exempting categories of speakers is “content-based” and subjects the entire statute to “strict scrutiny” under the First Amendment because other speakers are not exempt. 

FTC

A group of lead generators has agreed to pay $258,000 to the state of Florida and the FTC and conduct due diligence before selling leads to any new customer.  FTC v. PC Cleaner, et al.  The defendants allegedly created software which caused consumers who downloaded it to call the business’ clients who then upsold computer technical support to those consumers.

Second Circuit Court of Appeals

An appellate court has affirmed a trial ruling that a debt collector was liable for 17 calls placed to an individual in violation of the TCPA.  Sterling v. Mercantile Adjustment Bureau.  The debt collect called Sterling to collect on a debt owed by the previous owner of the telephone number.  The Court ruled the debt collector was liable for those calls and had “constructive knowledge” of the reassignment after the first call to Sterling.

Seventh Circuit Court of Appeals

A judge has ruled that class action plaintiffs are not entitled to fees based on the total fund available to claimants, but on the actual claims made by class members.  In the case, a group of accountants sued a lawyer who sent them 8,430 faxes in violation of the TCPA.  The lawsuit settled for $4.2 million.  The plaintiffs’ attorneys were awarded $1.4 million, but any money unclaimed from the total pool was to be refunded to the defendant.  The appellate court ruled that the fee was too high “if a given recipient cannot be located, or spurns the money, counsel are not entitled to be paid for that fax.”  Turza v. Holtzman.

Florida

A Florida court has refused to stay a TCPA case brought against Bright House Networks.  Sliwa v. Bright House Networks.  Bright House argued that the legal challenge in the D.C. Circuit to the FCC’s definition of “ATDS” meant the plaintiff’s case should not proceed until a ruling is made.

Massachusetts

A Massachusetts court ruled that an unanswered telephone call constituted a “communication” and therefore could violate the state’s prohibition on more than two communications to a debtor from a collector in each seven-day period.

Comment: It seems a stretch to claim an unanswered telephone call is a “communication.”

New Jersey

A bill has been proposed in the New Jersey Senate (SB 2461) which would require the Division of Consumer Affairs to establish a taskforce to study technology or other methods to eliminate telemarketing harassment.

Oklahoma

An Oklahoman has been sanctioned by a court for filing a frivolous TCPA action.  Salman v. CRST Expedited, Inc.  The Court ordered Salman to pay restitution to the defendants and speak to students at the University of Tulsa – College of Law about the dangers of filing lawsuits without proper review from experienced attorneys.

Tennessee

A Tennessee court has dismissed a claim alleging violation of the TCPA against Dish Network.  Huffman v. Dish Network.  The Court noted the plaintiff could not show any phone record or other evidence showing calls from defendant and dismissed the case.

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