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

This newsletter (or material) is prepared by Copilevitz and Canter, LLC, (816) 472-9000,, Copilevitz and Canter, LLC, does not provide legal services to Do Not Call Compliance or and does not endorse our website or services. This information is not to be used as a substitute for legal counsel.
2022 Newsletters
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

October 2019 - Call Compliance News

Sixth Circuit Court of Appeals

The Sixth Circuit Court of Appeals has affirmed a lower court which ruled that an automatic telephone dialing system (“ATDS”) requires random or sequential number generation. Gary v. Trueblue, Inc. The decision is unpublished, however, and affirmed the lower court with no additional analysis.

Comment: The fact that it is unpublished and that it has no additional analysis means that the case may not be binding on other courts in the Sixth Circuit, that is, it does not have precedential effect on those courts. More courts, however, are adopting the “statutory” definition of ATDS which uses the words random or sequential.  Because the legislature has intended to use each word with meaning, courts taking this approach do not read those words out of existence as the Federal Communication Commission (“FCC”) did in its 2003 ruling.


Governor Gavin Newsom signed the California Data Broker Registration law on October 11. It goes into effect January 1, 2020 and will require data brokers to register with the California Attorney General and pay a registration fee. “Data broker” is defined as a business that knowingly collects and sells to third parties the personal information of consumers with whom the business does not have a direct relationship.

Comment: California is the first state to pass this sort of registration, but I predict it will not be the last.


A court has refused to certify a class of “wrong number” call recipients even though the vendor the caller used to disposition codes memorialized the result of each call. Sliwa v. Bright House Networks, LLC. The court ruled that even with disposition codes, an individualized inquiry would be necessary to determine what happened on each call.  A customer might tell the caller that it was a “wrong number” just to avoid further calls, when actually it was the correct number.

Comment: If a court has to engage in “individualized questioning” to determine if a person is in the class, there can be no class.


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 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 2003-2022 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