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State Do Not Call

July 2019 - Call Compliance News

Eighth Circuit Court of Appeals

The Eighth Circuit Court of Appeals has upheld a trial judge’s ruling that $1.6 billion in damages in a Telephone Consumer Protection Act (“TCPA”) class action was so oppressive that it violated the due process clause of the United States Constitution.  Golan v., Inc.

 Comment: The Court still awarded the plaintiffs $32 million, so defendant still faces potentially catastrophic damages.

 Federal Communications Commission

The FCC is expected to implement two changes to caller ID rules prohibiting entities outside the United States from knowingly transmitting misleading or inaccurate caller ID information with intent to defraud.  The rule would also expand caller ID to any voice or text messaging service.


The California Senate is considering a bill (AB 1202) which would regulate data brokers, defined as businesses that knowingly collect and sell to third parties the personal information of a consumer with whom the businesses do not have a direct relationship.  The bill has passed the Assembly and now is being considered by the Senate.  Consumer reporting agencies and financial institutions would be exempt, but other data brokers would be required to register and pay a fee prior to acting as a data broker regarding California citizens’ information. 


An Illinois judge has refused to certify a class of persons who received calls from the Hertz Corporation.  Tillman v. Hertz Corp.  Plaintiff’s mother rented a car from Hertz and listed the plaintiff’s telephone number in her application.  When she did not return the car, Hertz called the number.  The Court ruled that the plaintiff’s claims were not adequate or typical of a class of persons who received calls from Hertz after requesting not to receive them and denied certification of the class.

 New Hampshire

New Hampshire has amended its caller ID statute (HB 577) to specifically prohibit transmission of misleading, inaccurate, or deceptive information.  The law takes effect January 1, 2020.


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.
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