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Compelled Arbitration as a TCPA Defense Strategy

In recent months, multiple notable Telephone Consumer Protect Act (TCPA) court decisions have hinged on questions of arbitrability and the enforcement of mandatory arbitration clauses. These clauses are a valuable method of defense for callers and TCPA defendants, but they are not a simple, end-all-be-all solution. They are a complex legal defense strategy and a topic of considerable depth and nuance.

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Ninth Circuit Rules That Screen Recording Technology May Constitute Wiretapping

A recent ruling by the Ninth Circuit Court of Appeals in a California Invasion of Privacy Act (CIPA) class action classified a screen recording technology as potentially being an illegal form of wiretapping, with deleterious possible effects for widely used Telephone Consumer Protection Act (TCPA) compliance efforts.

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Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration

Contact Center Compliance’s most recent webinar—Berman, Wrong Numbers, & Arbitration—covered a wide variety of important topics in the world of Telephone Consumer Protection Act (TCPA) compliance. Our guest, the esteemed Eric J. Troutman from TCPAWorld and the Troutman Firm, discussed these topics with Contact Center Compliance’s Director of Compliance Services, Arvell Craig.

2022 June Restricted Do Not Call Dates

Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation:

State Restricted Do Not Call Dates

June 6, 2022 – Jefferson Davis' Birthday

Alabama

June 14, 2022 – Flag Day

Pennsylvania

Canadian Restricted Do Not Call Dates

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Oklahoma Follows Florida’s Lead With a Mini-TCPA of Its Own

On Friday, Oklahoma Governor Kevin Stitt signed the Telephone Solicitation Act of 2022 into law. Much like Florida’s telemarketing law from last year, it turns the existing state telemarketing regulations into something like a mini-Telephone Consumer Protection Act (TCPA).

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Ninth Circuit Ruling on Online Disclosure Form Could Set Dangerous Precedent for Leads Industry

A Ninth Circuit decision from last month is already serving as a precedent for Telephone Consumer Protection Act (TCPA) cases that center on online disclosure forms. It demonstrates how courts could use inadequate webform design to undermine otherwise valid arbitration agreements.

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FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare

Late last month, the Department of Health and Human Services (HHS) wrote an open letter to the Federal Communications Commission (FCC) requesting clarification on Telephone Consumer Protection Act (TCPA) rules with regards to healthcare-related messages.

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April Compliance News Roundup

The world of marketing compliance is complex and fast-paced. Sometimes important news and developments can be missed. This post collects some of the most important news of the past month that we have not yet covered.

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FTC Moves Forward With Potential Changes to TSR’s B2B Exemption, Other Provisions

At their April 28 open meeting, the Federal Trade Commission (FTC) proposed new rulemaking related to the Telemarketing Sales Rule (TSR) that would extend some of the Rule’s regulations to business-to-business (

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