Copilevitz & Canter’s free publication, Telemarketing Connections, provides a snapshot that is valuable of many timely dilemmas of concern to your industry.

Telemarketing Connections Newsletter

Our free publication, Telemarketing Connections, provides a very important snapshot of the most extremely prompt dilemmas of concern to your industry.

Federal Communications Commission

The Federal Communications Commission (“FCC”) has requested general public remark regarding just how it will control illegal robocalls to hospitals. Reviews are due by 1, 2021 february. See

Federal Trade Commission

The Federal Trade Commission (“FTC”) has posted new penalty that is civil for violations of their regulations including actions for unjust misleading trade methods often found in telemarketing situations. The maximum penalty per breach for an unfair misleading work has become $43,280. See .

Comment: If the FTC considers each call to be always a breach, these civil charges could be ruinous. Hence it is vital to examine conformity using the Telemarketing product Sales Rule although it is unlikely to be utilized in a class that is civil just like the phone customer Protection Act (“TCPA”) so commonly is.

Florida

A Florida court has enforced an arbitration contract against a plaintiff whom defaulted on a car loan, then alleged calls to gather the car finance violated the Fair Debt Collection techniques Act (“FDCPA”) additionally the TCPA. Grand v. Fast Automotive Loans, Inc.

Remark: It is vital that your particular agreements with customers have enforceable arbitration clauses to prevent nuisance and worse, TCPA allegations. Please contact me personally us to review your contracts with regard to this issue if you would like.

Maine

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 cost. Strange v. Juiceman.

Maryland

Another regular TCPA plaintiff Michael Worsham has lost a claim against Discount energy, Inc. Worsham v. Discount energy, Inc. The defendant argued their 17-count problem predicated on seven phone phone calls neglected to state a claim in breach regarding the TCPA or even the Maryland phone Consumer Protection Act because he asserted “absolutely no facts to aid [the] allegation that [defendant] utilized an [automatic phone dialing system].”

Comment: Worsham is really a disbarred attorney who now files pro se instances by himself behalf.

Nevada

a Las vegas, nevada cannabis dispensary is currently 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 offered their number as a disorder to enter the shop, it’s not previous express permission since the quantity ended up being supplied not to facilitate communication however for another purpose that is limited. That you do not create limitation that would allow a plaintiff to claim a provision to the telephone number is not prior express consent if you intend to rely on this form of prior express consent, you should ensure.

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 just for crisis purposes or with previous express permission.

Ny

A bill is proposed within the New York Senate (SB 1349) which will require companies make accessible to customers cost-free usage of all clients’ private information retained by the company in the event that company provides that private information to virtually any alternative party. The limitation just isn’t limited by companies that offer customer information, for example. any type of sharing would trigger the notice requirement.

Texas

A judge has permitted a fraudulence counter-claim to continue against Craig Cunningham, a regular TCPA pro plaintiff that is se. Cunningham v. Usa Auto Protection. The defendant alleged plaintiff made “material and constant false representations … that he intended [defendant] to are based upon. which he knew had been false and”

Comment: Plaintiffs usually will “play along” with telephone telephone calls supplying false information to create later on calls. This situation could possibly be a essential protection against such instances.