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

February 2021 - Call Compliance News



A bill has been proposed in the Alabama House (HB 217) which would ban blocking transmission of caller ID information and provide a private cause of action for actual damages and attorneys’ fees for individuals who receive calls with blocked information.


An Arizona court has dismissed a Telephone Consumer Protection Act (“TCPA”) case brought against a cruise line when the plaintiff could not show the defendant directed any activities to Arizona such that the court would have jurisdiction over it. Winters v. Grant Caribbean Cruises, Inc. The court rejected plaintiff’s arguments that calls from unidentified callers caused the court to have jurisdiction.


A California court has dismissed a claim brought against a marijuana dispensary because the plaintiff did not allege the defendant used an automatic telephone dialing system (“ATDS”). Matthews v. Mid City Cannabis Club, Inc. The plaintiff did not “plead specific facts to demonstrate a plausible inference that defendant used an ATDS.” In general, allegations of ATDS use were not sufficient.

A federal court has found that Anton Ewing was not a vexatious litigant despite his “discourteous and unprofessional” conduct in other cases. Ewing v. BF Advance, LLC. The court did note Ewing complied with an earlier court order to disclose he was not an attorney despite having a law degree.


A bill has been proposed in the Illinois Senate (SB 3340) which would ban interference with consumers’ caller ID systems and ban the use of deceptive caller ID information. The bill would also ban “otherwise” misrepresenting the origin of a marketing call.

Another proposed bill (SB 1837) would ban all prerecorded marketing messages unless the caller had prior express written signed consent. Health-care related calls are the only exemption.

A third bill (HB 5395) which would ban prerecorded messages without prior express written consent has died in committee.

Comment: The bill would largely duplicate the TCPA.

A trial court has refused to find that faxes that were sent for continuing education were marketing and banned by the TCPA. Animal Hospital v. Elanco Animal Health. The court noted the faxes were not advertisements on their face and rejected plaintiff’s argument that the seminars were a pretext for later marketing.


A bill has been proposed in the Maryland House (HB 23) which would ban disclosure of motor vehicle records to third parties for use in telephone solicitations.


A bill has been proposed in the Mississippi House (HB 91) which would allow the Public Service Commission to retain all the funds charged for access to the state no-call list, rather than those fees being deposited in the state’s general revenue fund.

New York

A bill has been proposed in the New York General Assembly (AB 2047) which would ban all prerecorded calls, including calls from nonprofits, without prior express consent.


An Oregon court has refused to overturn an almost $1 billion TCPA judgment against a multi-level marketing company. Wakefield v. ViSalus, Inc. The trial jury found ViSalus made 1,850,440 illegal prerecorded or automated telemarking calls to cell phones or landlines without prior written consent.

Comment: At $500 per violation, damages exceed $900 million before potential “trebling” based on knowing and willful violations.


A bill has been proposed in the Virginia Senate (SB 1339) which would regulate data brokers defined as entities that collect and sell public record information of Virginia consumers.


Washington is considering a bill (HB 1433) which would amend the state constitution to provide for an explicit right of privacy and enact extensive state provisions regarding use of consumers’ personal information, including requiring opt-in consent prior to use or disclosure of that information by businesses.

A Washington court has certified a class of consumers who received prerecorded calls on behalf of a pharmacy. Williams v. PillPack, LLC. The calls used an “Avatar or IVR” system to generate inbound leads to defendant’s call center. Plaintiff also alleged they did not honor his “do-not-call” request.

Comment: Defendant argued the Avatar system used a live voice and prerecorded snippets, and therefore was not subject to the TCPA prerecorded call ban. The court rejected this argument.

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