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
 

April 2008 - Call Compliance News

Federal

FTC
William E. Kovacic has assumed the role of Chairman of the Federal Trade Commission replacing Debra Platte Majoras. It is uncertain how, if at all, this change in leadership will affect the FTC’s enforcement of telemarketing statutes.

The FTC has charged two data brokers with failing to secure information in their databases including customer names, dates of birth, and social security numbers.

The FTC has proposed authorization of the FTC Act which would eliminate the exemptions found in the FTC’s jurisdiction for communications, common carriers, and nonprofit organizations. This is a huge power grab by the FTC over entities traditionally regulated by other regulators.

The FTC has announced a settlement with a retail company regarding its failure to safeguard sensitive consumer information including credit card numbers, expiration dates, and security codes. The FTC charged that the company unnecessarily risked credit card information by storing it indefinitely in clear readable text on its network and as a result a hacker was able to obtain sensitive consumer information. The settlement requires that the retailer obtain an independent third party security auditor to implement safeguards on its system

The FTC has again issued a press release regarding telemarketing and cell phones. Contrary to some e-mails, cell phone numbers are not being released to telemarketers. The FCC has implemented regulations to the TCPA which prohibit automated calls to cell phones absent the express consent of the consumer. The National Do-Not-Call Registry does accept cell phone numbers.

The FTC has announced a settlement with three telephone bill aggregators following a $1.9 million payment for consumer regress related to “cramming” charges. The settlement would prohibit the companies from misrepresenting that consumers are obligated to pay telecommunications charges that they have not expressly authorized. The total amount of the judgment was more than $30 million.


The FTC has agreed to a $413,000 civil penalty with an internet company which used e-mail in violation of CAN-SPAM to drive customers to adult websites. Enforcement of CAN-SPAM is rare which makes this substantial monetary payment notable.

National Do Not Call Registry
PossibleNow, a company with unmatched expertise with regard to national “do-not-call” list analysis, has identified a series of errors in national “do-not-call” list data during the month of February, 2008. If a compliance issue arises for your company regarding data in that period, you should be aware that this problem existed which could provide some defense in the event of FTC enforcement action.

State

California
A bill has been proposed in the California Senate (SB 1423) which would prohibit telephone companies from charging subscribers to have their mobile telephone number unlisted in a directory or through directory assistance.

The California General Assembly is considering a bill (AB 2059) which would amend California’s Business and Professions Code to require that anyone who solicits by mail a recipient’s consent to receive information via telephone disclose in a clear and conspicuous fashion that the recipient will be waiving rights under federal “do-not-call” law by consenting to receive that information.

A well known TCPA plaintiff has lost his case in California when the appellate court ruled that his cause of action, alleged automated calls to his paging service, was barred by the statute of limitation.

Illinois
An Illinois court has certified a class of recipients of unsolicited facsimile advertisements alleged in violation of the TCPA.

Louisiana
The Louisiana Senate is considering a bill (SB 431) which would impose a curfew on telemarketing calls prohibiting calls between the hours of 5:00 p.m. and 8:00 a.m.

Michigan
The Michigan Senate is considering a bill (SB 1245) which would require that telemarketers transmit caller identification information.

Nebraska
A bill has been proposed in the Nebraska Legislature which would prohibit political prerecorded messages outside the hours of 8:00 a.m. to 9:00 p.m. The bill would also require that the message state clearly the identity of the person on whose behalf the message is being transmitted and include a telephone number.

North Dakota
A telemarketer, on behalf of a charity, has agreed to a $25,000 payment for fees in lieu of civil penalties to the State of North Dakota for alleged violations of North Dakota “do-not-call” laws. The charity reached a separate agreement which included a $1,000 fine.

Ohio
A United States District Court in Ohio has ruled against a well known TCPA plaintiff with regard to his claim that the TCPA allowed damages for alleged violations of its provisions in the “first call”, even though the statute only allowed a cause of action if the consumer had received more than one telephone call in violation of the regulations. The plaintiff had alleged more than 187 violations of regulations during 10 separate telephone calls. The court ruled that the TCPA only provided damages per telephone call, not per violation (Charvat v. GVN Michigan, Inc.).

Oklahoma
An individual who was sued by the state of Oklahoma challenged the disclosure provision found in the TCPA regarding the identification of a person responsible for a prerecorded telephone call. The appellate court ruled that a district court’s order should be dissolved because the plaintiff failed to notify the United States’ Attorney General of the constitutional challenge.

Pennsylvania
The Pennsylvania Senate is considering a bill (SB 820) which would amend the state’s telemarketing registration law to require registration with the attorney general at least 30 days prior to marketing in the state. The bill would still exempt businesses licensed or registered with the Federal Commonwealth Agency.

West Virginia
West Virginia has passed a law amending its telemarketing statute (SB 272) which makes minor changes to the definition of “telemarketer”.

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