Copilevitz & Canter’s free newsletter, Telemarketing Connections, supplies a very important snapshot associated with the many prompt problems of concern to the industry.
Telemarketing Connections Newsletter
Our newsletter that is free Connections, provides a very important snapshot of the most extremely prompt dilemmas of concern towards the industry.
Federal Communications Commission
The Federal Communications Commission (“FCC”) has required general public remark regarding just exactly how it will control illegal robocalls to hospitals. Responses are due by 1, 2021 february. See
Federal Trade Commission
The Federal Trade Commission (“FTC”) has posted brand new civil penalty amounts for violations of the laws and regulations including actions for unjust misleading trade methods often found in telemarketing instances. The maximum penalty per breach for the unjust misleading work has become $43,280. See .
Comment: If the FTC considers each call to become a breach, these civil charges could be ruinous. Hence it is crucial to examine compliance because of the Telemarketing product product product Sales Rule although it is not likely to be utilized in a class that is civil just like the phone customer Protection Act (“TCPA”) therefore commonly is.
Florida
A Florida court has enforced an arbitration contract against a plaintiff whom defaulted on a car loan, then alleged calls to get the car finance violated the Fair Debt Collection Practices Act (“FDCPA”) therefore the TCPA. Grand v. Fast Automobile Financing, Inc.
Remark: It is vital that the agreements with customers have enforceable arbitration clauses to prevent nuisance and worse, TCPA allegations. Please contact me personally if you’d like us to examine your agreements pertaining to this problem.
Maine
A court has denied an expert se TCPA plaintiff’s claim to help you to register his suit beneath the TCPA and FDCPA with no 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 centered on seven telephone phone calls failed to state a claim in breach for the TCPA or perhaps the Maryland Telephone customer Protection Act because he asserted “absolutely no facts to aid [the] allegation that [defendant] utilized an [automatic phone dialing system].”
Comment: Worsham is a disbarred lawyer who now files pro se instances by himself behalf.
Nevada
a Las vegas, nevada cannabis dispensary happens to be 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 supplied their number as an ailment to enter the shop, it’s not prior express permission since the quantity had been supplied never to facilitate communication but also for another purpose that is limited. In the event that you plan to depend on this kind of previous express permission, you need to make certain you try not to produce limitation that will enable a plaintiff to claim a supply to your phone number is certainly not prior express permission.
Brand Brand Brand New Hampshire
The latest Hampshire House is considering a bill (HB 510) which may modify the state’s automated telephone dialing unit statute to permit prerecorded calls just for crisis purposes or with previous express permission.
Ny
A bill happens to be proposed within the ny Senate (SB 1349) which will require companies make accessible to customers totally free use of all clients’ private information retained by the company in the event that company provides that private information to virtually any 3rd party. The limitation just advantageous site isn’t limited by companies that offer customer information, in other words. any as a 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. United States Of America 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 frequently will “play along” with telephone calls providing information that is false create later on calls. This instance might be a essential protection against such situations.
