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

December 2020 - Call Compliance News

United States Supreme Court

On December 8, the United States Supreme Court heard oral argument in the Facebook case involving the TCPA definition of “automatic telephone dialing system” (“ATDS”). Facebook v. Duguid. Duguid focused on the words “using a random or sequential number generator.”

Comment: The plaintiffs argued that those words have no meaning and that any system with the capacity to dial without human intervention is an ATDS regardless of random or sequential number generation. The defense argued that normal rules of statutory construction require that each word of the statute be given meaning, i.e. these words should not be read out of the statute. We can expect a ruling in the coming months.

Federal Communications Commission

Capital One has petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling with regard to the scope of opt-out requests it receives from customers. The company asked what is the scope of an opt-out request received via text message in response to an informational text message that the recipient previously consented to receive—does it apply to informational texts only, all texts, debt collection texts, telephone calls, etc.?

Eleventh Circuit Court of Appeals

The Eleventh Circuit Court of Appeals has ruled that a single “ringless” voicemail received by a plaintiff did not give her standing such that she could sue on behalf of a class, of course, for violations of the TCPA. Grigorian v. FCA US, LLC. Defendant sent the plaintiff one “ringless” prerecorded voicemail advertising a Chrysler automobile for sale along with 89,000 other consumers. The court noted that a single text message does not create standing, and analogized that a single voicemail would not either.

This case does not mean that “ringless” voicemail is permitted under the TCPA, just that the receipt of one “ringless” voicemail does not cause sufficient damages that a person has standing under the Constitution to sue.

Fourth Circuit Court of Appeals

A federal appellate court in the Fourth Circuit has ruled that FCC interpretations of the TCPA are not binding, nor are they entitled to deference by the courts. That is, if a court disagrees with the FCC on an issue of interpretation, it does not have to follow it or give the FCC interpretation any weight. Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC.

Comment: The plaintiffs’ attorneys have hung their hat on many FCC rulings especially interpreting the term “automatic telephone dialing system”. Although this case involved whether a fax contained an “unsolicited advertisement”, this ruling will be important for many other TCPA defendants.


The Michigan House has passed a breach notification law (HB 4187) requiring entities with 50 or more employees which own or license sensitive personally identifying information to notify effected persons in the event of a breach of security with regard to that data. The bill will now proceed to the Senate where it is likely to pass.

Comment: Most states have data breach notification laws. Please notify me if you would like a report on these statutes with details on how to comply.


A Nevada court has dismissed a TCPA claim brought against a calling platform and a lead company who sold services to a realtor who called plaintiff. Paul D.S. Edwards v. Juan Martinez, Inc. et al. The court noted the plain language of the statute assigns liability “to the party who ‘makes’ the call”. The judge noted that the dialer and the lead company did not exercise control over the realtor, thus that the carrier would not vicariously be liable for his calls. Further, the plaintiff did not allege the carriers placed calls on behalf of the other entity or that they had any right to control the realtor’s actions. Thus, those entities were not vicariously liable for the realtor’s actions.


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