Telemarketing
Telemarketing is the process of selling products or services over the telephone. It includes inbound and outbound commercial telephone calls. The Federal Communications Commission (FCC), the Federal Trade Commission and state attorneys general enforce telemarketing laws, including, but not limited to, the Telephone Consumer Protection Act and the Telemarketing Sales Rule (TSR) in order to protect consumers from fraud and provide privacy.
Second Circuit Weighs in on Definition of TCPA Autodialer
On April 7, 2020, the Second Circuit further muddied the Telephone Consumer Protection Act “automatic telephone dialing system” definition debate. In Duran v. LaBoom Disco, Inc., the Second Circuit split from recent Seventh and Eleventh Circuit decisions that aligned with the statutory language in requiring “random and sequential number generation.” Here, the Second Circuit held…
Read Article...Richard B. Newman Featured in DataGuidance on TCPA ATDS Definition
Telemarketing lawyer Richard B. Newman was recently featured in DataGuidance, a global privacy and regulatory compliance platform used by privacy professionals worldwide. The article, entitled “Diverging Court Decisions Over Definition of ATDS Under TCPA,” assesses recent judicial decisions pertaining to how an automated telephone dialing system should be defined under the Telephone Consumer Protection Act.…
Read Article...Court Rules on Applicability of TCPA to Dual Purpose Telephone Number
With some exceptions, telephone calls between a telemarketer and a business are exempt from the Telemarketing Sales Rule. Not every state exempts B2B telemarketing calls under state law. Telemarketers often rely on the business-to-business exemption from applicable Do Not Call registries and other telemarketing rules. The B2B exemption to the TSR applies only to calls…
Read Article...Spousal Consent Defeats TCPA Claim
What happens when one “called party” gives prior express consent to contact a certain number, and another doesn’t? Well, in Rodriguez v. Premier Bankcard (Ohio 2018), a husband provided a phone number to a finance company to contact him to discuss his account. The husband was the subscriber. His spouse was the purported sole user…
Read Article...Telemarketing Compliance Attorney on Value of Compliance Protocols
A federal court judge in Ohio recently denied class certification as a result of the defendant’s credible testimony that set forth the implementation of compliance protocols designed to ensure that faxes were only sent to consumers that had provided prior express consent. In doing so, the court ruled that individualized issues predominated despite the defendant’s…
Read Article...Craigslist Ad Establishes Consent to be Contacted
A federal court in Florida has recently ruled that a Craigslist advertisement listing a phone number established consent to be contacted and, therefore, an SMS text message from an online car retailer did not violate the Telephone Consumer Protection Act. The matter involves a classified ad for the sale of a vehicle on Craigslist. The seller posted…
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