The entire telemarketing industry is awaiting the Supreme Court’s decision in AAPC v. Barr, the case that very may well invalidate the Telephone Consumer Protection Act (TCPA) in its entirety. However, the possibility that the main federal enforcement mechanism for regulating telemarketing may soon disappear is no reason for marketers to become lax in their compliance efforts.
Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations.
New York Governor Andrew Cuomo signed a bill into law on Monday that places new restrictions on telemarketers calling residents of that state. The Nuisance Call Act is designed to close loopholes in the state’s existing telemarketing legislation, which was originally passed in 2001.
As we previously noted, the Pennsylvania state legislature passed a bill enacting new restrictions on robocalls. Now governor Tom Wolf has signed that bill into law.
The Pennsylvania state legislature passed a new bill, HR-318, that introduces a number of new restrictions for robocalls. The most notable is that it now extends the state-level Do Not Call List protections in perpetuity. Previously, those protections only lasted for five years unless renewed.
The Federal Trade Commission (FTC) announced today a new interactive web page that allows consumers to access years of historical Do Not Call (DNC) and Robocall data with information on types of calls and spikes in complaints.
Effective July 1, 2019, the state of Mississippi has enacted emergency rules that modify their Telephone Solicitation Act. The changes to Mississippi's DNC Registry will impact telemarketing to both residential and business numbers. Expect an increase in civil penalties for violations.