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
 

September 2019 - Call Compliance News

 

Federal Communications Commission

The Federal Communications Commission (“FCC”) has announced a delay in implementation of the reassigned number database which would track when a number has been disconnected and reassigned. Use of that information would allow businesses to “clean” their internal “do-not-call” file as a “do-not-call” request would no longer be effective if the number has been disconnected and reassigned. The FCC ordered pricing to be published in February 2020 with potential activation of the list in December 2020.

Federal Trade Commission

The Federal Trade Commission (“FTC”) has filed comments with the Consumer Financial Protection Board related to amendments to the Fair Debt Collection Practices Act. The comments, available for review here: https://www.ftc.gov/system/files/documents/advocacy_documents/comment-staff-federal-trade-commissions-bureau-consumer-protection-matter-proposed-rule-request/final_-_cfpb_debt_coll_draft_comment_9-13_v2_1pm_ver_to_comm.pdf, involve some additional rules on how debt collectors contact debtors via telephone, including prohibiting repeated unanswered calls to consumers late at night. The FTC also endorses an opt-out notice and requirement for any electronic communication.

The FTC has approved a settlement with a company that offers car dealer management services. Following a breach of its data in 2016, where a hacker accessed information of more than 65,000 consumers and the company only noticed the breach weeks later. In re: LightYear Dealer Technologies, LLC. The settlement requires implementation of security procedures but no fine or penalty.

Sixth Circuit Court of Appeals

The Sixth Circuit Court of Appeals has affirmed a district court ruling that the definition of automatic telephone dialing system (“ATDS”) requires the system to have the capacity to dial randomly or sequentially. Gary v. Trueblue, Inc. The Sixth Circuit did not affirmatively rule that an ATDS requires the number generation capacity, but simply affirmed the lower court.

Comment: The plaintiff here was pro se and likely did not argue his case effectively.

United States Congress

The U.S. House of Representatives is considering a bill (HR 1423) which would bar arbitration agreements in consumer disputes. 

Comment: We recommend including an arbitration agreement in all your consumer agreements to prevent Telephone Consumer Protection Act (“TCPA”) class actions. This bill would prohibit such protections and you should urge your representative to oppose the law if you include such protections in your consumer agreements.

California

California’s data broker registration law (AB 1202) has been passed by the General Assembly and sent to the governor for signature. The bill would require data brokers to register with the attorney general and defines the term as “an entity which knowingly collects and sells personal information of a consumer with whom the business does not have a direct relationship.”

Comment: Companies which collect personal information about consumers with whom they do not have a direct relationship will be required to register with the attorney general.

Both the Senate and General Assembly have passed (AB 1130) which modifies existing law regarding data breach notification. The bill will now go to the governor for signature. Businesses now would be required to disclose breach of information such as unique biometric data, tax identification number, passport numbers, and other unique government document numbers.

A bill has passed both the General Assembly and Senate (SB 208) in different forms and now is being edited for concurrence concerning the state’s caller ID law. The bill, known as the Consumer Call Protection Act of 2019, will require telecommunication service providers to implement technology to verify and authenticate caller ID information, known as “STIR/SHAKEN”.

A court has denied class certification in a case against Coldwell Banker Residential Brokerage Company. Chinitz v. NRT West, Inc. Plaintiff alleged he received calls after making a “do-not-call” request. The court ruled that the plaintiff would have to show Coldwell Banker was responsible for the actions of every one of its independent sales associates, an “individualized inquiry”, precluding class certification.

Connecticut

A Connecticut judge has upheld (at least initially) a counter-claim against a common fax TCPA plaintiff.  The counter-claim alleges the plaintiff Gorss Motels engaged in fraud by signing up for faxes, then suing alleging errors in disclosures in those faxes. Gorss Motels, Inc. v. Illen Products, Ltd.

Comment: The plaintiff is common as is plaintiff’s counsel Anderson + Wanca. Illen likely will investigate the relationship between the two.

Illinois

Another court has ruled that a system must have the capacity to dial sequentially or randomly for it to be an ATDS. Smith v. Premier Dermatology.

Comment: Most courts, other than the Ninth Circuit, have ruled that this definition applies to ATDS with regard to TCPA compliance.

Pennsylvania

A bill is progressing through the Pennsylvania House (HB 1061) which would amend Pennsylvania’s telemarketing registration law to strengthen protections for persons aged 60 or over.

House Bill (HB 318) has been sent to the governor for signature which would add legal holidays to the state’s curfew law and allow businesses to add their numbers to the state “do-not-call” list. The bill would also add an affirmative defense to “do-not-call” violations similar to that found in the TCPA.

South Carolina

A South Carolina court has refused to certify a class of persons who received a fax from Wyndham Hotels based on the fact that some recipients of the fax provided their express consent. E & G, Inc. v. Mount Vernon Mills, Inc. The court ruled that express consent presented an individualized question preventing class certification. 

Comment: This case was brought by Anderson + Wanca and is related to a group of hotels associated with Wyndham. Anderson + Wanca have brought many suits alleging these same facts, i.e. disclosures on faxes not meeting the requirements of the TCPA, even though those faxes were solicited by the recipients.

 

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