Copilevitz & Canter’s free publication, Telemarketing Connections, provides a snapshot that is valuable of many timely problems of concern towards the industry.
Telemarketing Connections Newsletter
Our newsletter that is free Connections, provides a very important snapshot of the very most prompt problems of concern towards the industry.
Federal Communications Commission
The Federal Communications Commission (“FCC”) has required general public remark regarding just how it will manage illegal robocalls to hospitals. Remarks are due by February 1, 2021. See
Federal Trade Commission
The Federal Trade Commission (“FTC”) has posted brand new civil penalty amounts for violations of their rules including actions for unjust misleading trade methods often found in telemarketing instances. The penalty that is maximum breach for an unjust misleading work has become $43,280. See .
Comment: If the FTC considers each call to become a breach, these penalties that are civil be ruinous. Therefore it is vital to examine conformity with all the Telemarketing product product Sales Rule although it is not likely to be utilized in a civil course action such as the phone customer Protection Act (“TCPA”) therefore commonly is.
A Florida court has enforced an arbitration contract against a plaintiff whom defaulted on a car loan, then alleged calls to get the car finance violated the Fair Debt Collection methods Act (“FDCPA”) plus the TCPA. Grand v. Fast Automobile Financing, Inc.
Remark: It is vital your agreements with customers have enforceable arbitration clauses to prevent nuisance and worse, TCPA allegations. Please contact me if you’d like us to examine your agreements pertaining to this dilemma.
A court has denied an expert se TCPA plaintiff’s claim in order to register their suit beneath the TCPA and FDCPA minus the filing fee. Strange v. Juiceman.
Another TCPA that is frequent plaintiff Worsham has lost a claim against Discount energy, Inc. Worsham v. Discount Energy, Inc. The defendant argued their 17-count issue according to seven phone phone phone calls neglected to state a claim in breach for the TCPA or even the Maryland phone customer Protection Act because he asserted “absolutely no facts to guide [the] allegation that [defendant] used an [automatic phone dialing system].”
Comment: Worsham is just an attorney that is disbarred now files pro se instances on their own behalf.
a vegas cannabis dispensary happens to be a defendant in a TCPA class action they visited to purchase marijuana after it texted consumers who had provided their telephone number to the business when. Stanley, et al. v. Terratech.
Comment: If, as alleged, the plaintiffs supplied their number as an ailment to go into the shop, it’s not previous express permission since the quantity had been provided to not facilitate interaction but also for another restricted function. If you plan to depend on this kind of previous express permission, you ought to make sure that you don’t produce limitation that will enable a plaintiff to claim a supply towards the cell phone number is perhaps not prior express permission.
Brand New Hampshire
This new Hampshire home is considering a bill (HB 510) which will alter the state’s automated telephone dialing unit statute to permit prerecorded calls only for crisis purposes or with previous express permission.
A bill happens to be proposed when you look at the ny Senate (SB 1349) which will require organizations make open to customers cost-free use of all customers’ private information retained because of the company in the event that business provides that private information to virtually any alternative party. The limitation just isn’t limited by companies that offer customer information, in other words. any type of sharing would trigger the notice requirement.
A judge has permitted a fraudulence counter-claim to continue against Craig Cunningham, a regular TCPA pro plaintiff that is se. Cunningham v. United States Of America Auto Protection. The defendant alleged plaintiff made “material and constant false representations … that he knew had been false and therefore he intended [defendant] to rely upon.”
Comment: Plaintiffs usually will “play along” with telephone calls providing information that is false create later on calls. This instance might be a crucial protection against such situations.