Telemarketing

In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…

Telephone Consumer Protection Act (TCPA) and telemarketing lawyer Richard B. Newman was recently asked to author an article for DataGuidance, a global platform for privacy professionals, on circuit court splits in the United States on the definition of “automated telephone dialing system.” In the article, “Diverging Court Decisions Over Definition of ATDS Under ATDS,” Richard discusses…

Telephone Consumer Protection Act (TCPA) lawsuits can be devastating to business operations and long term viability. There are a number of different approaches that telemarketers can take in order to minimize potential liability. All of which ae critical, given that the TCPA provides for the recovery of  actual damages or statutory damages in the range…

The Eighth Circuit recently dismissed a TCPA claim for lack of Article III standing after concluding that the alleged injuries were not caused by (“traceable”) the purported TCPA violations. St. Louis Heart Center, Inc. v. Nomax, Inc. (8th Cir. Aug. 6, 2018). In Nomax, the plaintiff filed a class action after receiving a number of…

On May 18, 2018, South Carolina enacted the Telephone Privacy Protection Act. In short, the telemarketing law is intended to prohibit telephone solicitors from: Initiating or causing to be initiated a telephone solicitation during certain hours of the day To require telephone solicitors to disclose certain information at the outset of a telephone solicitation, including the consumer’s right…

The District of Arizona recently became one of the first courts in the nation to address the definition of an “automatic telephone dialing system’ (“ATDS”) following the recent D.C. Circuit ruling in ACA International v. FCC (D.C. Cir. 2018). In ACA, the D.C. Circuit, inter alia, rejected the FCC’s definition of ATDS. It held that…