CLIENT MEMORANDUM. New Federal Communication Commission Rule for Autodialed and Prerecorded Message Telemarketing Calls and Abandoned Call Provisions

Size: px
Start display at page:

Download "CLIENT MEMORANDUM. New Federal Communication Commission Rule for Autodialed and Prerecorded Message Telemarketing Calls and Abandoned Call Provisions"

Transcription

1 CLIENT MEMORANDUM From: West Corporation Re: New Federal Communication Commission Rule for Autodialed and Prerecorded Message Telemarketing Calls and Abandoned Call Provisions Date: February 17, 2012 Federal Communication Commission s Rule for Prerecorded Message Telemarketing Calls In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA ). 1 The Federal Communication Commission ( FCC ) issued implementing regulations, the TCPA Rules, 2 shortly thereafter. On February 15, 2012, the FCC approved a Report and Order to finalize a 2010 Notice of Proposed Rulemaking to address autodialed and prerecorded message calls. The FCC indicated these amendments are to maximize consistency with the Federal Trade Commission s ( FTC ) Telemarketing Sales Rule ( TSR ). 3 The revisions to the TCPA Rules are discussed in detail below. Amendments to the TCPA Rules are noted in red. The changes include: (1) a requirement for prior express written consent for all autodialed or prerecorded telemarketing calls to emergency lines, health care facilities and cell phones; (2) a requirement for prior express written consent for prerecorded telemarketing calls to residential lines; (3) the elimination of the established business relationship exemption for prerecorded telemarketing calls to residential lines; (4) the inclusion of an interactive opt-out mechanism on prerecorded message calls and in the abandoned call message; (5) a revision to the abandoned call calculation to a per-campaign approach; and, (6) exemptions for health care messages and calls made by or on behalf of a tax-exempt nonprofit organization. The final TCPA Rules do not require prior written consent for autodialed calls to residential lines as described throughout the Report and Order and as noted in many news articles and law firm summaries. The FCC has adopted an implementation schedule for these amendments. The requirement for prior express written consent becomes effective twelve months after publication of the final rule in the Federal Register. The established business relationship exemption will be 1

2 phased out over that same twelve-month period. The interactive opt-out mechanism requirement for telemarketing calls will become effective ninety days after publication in the Federal Register. The revised abandoned call provisions will take effect thirty days after publication. 4 Below is a description of the amendments to the Rule. West Corporation s affiliates and their clients will each be affected differently. THE INFORMATION BELOW IS NOT INTENDED TO BE LEGAL ADVICE. YOU SHOULD CONSULT YOUR OWN LEGAL COUNSEL. Your legal counsel should feel free to contact our Corporate Legal Department to discuss the relevant issues. Definitions Advertisement Any material advertising the commercial availability or quality of any property, goods or services. 5 Automatic Telephone Dialing System and Autodialer Equipment which has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers. 6 Clear and Conspicuous Disclosure A notice that would be apparent to the reasonable consumer, separate and distinguishable from the advertising copy or other disclosures. 7 Prior Express Written Consent An agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered. (i) The written agreement shall include a clear and conspicuous disclosure informing the person signing that: (A) By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signatory telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice; and (B) The person is not required to sign the agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods, or services. (ii) The term signature shall include an electronic or digital form of signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law. 8 Telemarketing The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, which is transmitted to any person. 9 2

3 Section (a)(1). No calls using automatic dialing equipment or prerecorded message calls to emergency telephone lines, health care facilities or cell phones unless the calls are for emergency purposes or made with the prior express consent of the called party. Rule: Section (a)(1) No person or entity may, except as provided in paragraph (a)(2), initiate any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice; (i) To any emergency telephone line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency; (ii) To the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or (iii) To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call. (iv) A person will not be liable for violating the prohibition in paragraph (a)(1)(iii) of this section when the call is placed to a wireless number that has been ported from wireline service and such call is a voice call; not knowingly made to a wireless number; and made within 15 days of the porting of the number from wireline to wireless service, provided the number is not already on the national do-not-call registry or caller's company-specific do-not-call list. This section of the TCPA Rules changed only slightly to note the new paragraph (a)(2). The FCC stated in the Report and Order, None of our actions change requirements for prerecorded messages that are nontelemarketing, informational calls, such as calls by or on behalf of tax-exempt non-profit organizations, calls for political purposes, and calls for other noncommercial purposes, including those that deliver purely information messages such as school closings. Such calls continue to require some form of prior express consent under the TCPA and the Commission s rules, if placed to wireless numbers and other specified recipients. 10 This would include debt collection calls which the FCC has determined are not telemarketing calls. It would appear the FCC s 2007 Declaratory Ruling regarding debt collection calls remains in force. This Ruling stated the provision of a cell phone number to a creditor in connection with a debt as, for example, part of a credit application, evidences the required prior express consent of the debtor to be contacted at that number. 11 Section (a)(2). No advertisement or telemarketing calls using an automatic telephone dialing system or a prerecorded message to emergency telephone lines, health care facilities or cell phones unless there is prior written consent. An exception is set forth for nonprofit organizations and health care calls. 3

4 Rule: Section (a)(2) No person or entity may initiate, or cause to be initiated, any telephone call that includes or introduces an advertisement or constitutes telemarketing, using an automatic telephone dialing system or an artificial or prerecorded voice, to any of the lines or telephone numbers described in paragraphs (a)(1)(i)-(iii) of this section, other than a call made with the prior express written consent of the called party or the prior express consent of the called party when the call is made by or on behalf of a tax-exempt nonprofit organization, or a call that delivers a health care message made by, or on behalf of, a covered entity or its business associate, as those terms are defined in the HIPAA Privacy Rule, 45 CFR This section focuses on telemarketing calls, whether made with an autodialer or a prerecorded message, to emergency telephone lines, health care facilities and cell phones. These kinds of calls require prior express written consent as defined. The FCC indicated that because the costs of receiving autodialed or prerecorded telemarketing calls to wireless numbers often rests with the wireless subscriber, it is essential to require prior express written consent for these calls. 12 For health care calls and calls for nonprofit organizations to these telephone lines, only prior express consent is required. Section (a)(3). No prerecorded message telemarketing calls to residential lines without the prior express written consent of the called party. Rule: Section (a)(3) No person or entity may initiate any telephone call to any residential line using an artificial or prerecorded voice to deliver a message without the prior express written consent of the called party, unless the call; (i) Is made for emergency purposes; (ii) Is not made for a commercial purpose; (iii) Is made for a commercial purpose but does not include or introduce an unsolicited advertisement or constitute a telephone solicitation telemarketing; (iv) Is made to any person with whom the caller has an established business relationship at the time the call is made; or (viv) Is made by or on behalf of a tax-exempt nonprofit organization; or (v) Delivers a health care message made by, or on behalf of, a covered entity or its business associate, as those terms are defined in the HIPAA Privacy Rules, 45 CFR This section requires prior express written consent for prerecorded message telemarketing calls to landlines. It does not address calls made with an autodialer. Of note is the discrepancy in the Report and Order between the commentary about prior express written consent and the final TCPA Rules. The FCC throughout the commentary seems to indicate prior express written consent is required for all autodialed or prerecorded telemarketing calls to wireless numbers and residential lines. 13 The final TCPA Rules, however, contradict this commentary requiring prior express written consent for autodialed or prerecorded telemarketing 4

5 calls to wireless numbers in (a)(2) but requiring prior express written consent for only prerecorded telemarketing calls to residential lines in (a)(3). This section also eliminates the established business relationship ( EBR ) exemption that exists in the current rule for these types of calls. The FCC indicated complaints about EBRbased calls demonstrates consumers are not necessarily willing to receive prerecorded telemarketing calls based on an EBR. 14 It clarifies that non-telemarketing informational calls do not require written consent. These types of calls would continue to require prior express consent if made to cell phones as noted in (a)(2). The FCC did address dual-purpose callsthose that may have both informational and advertisement components. The FCC stated, If the call, notwithstanding its free offer or other information, is intended to offer property, goods or services for sale either during the call, or in the future, that call is an advertisement. 15 With respect to written consent, the FCC has indicated the term signed may include an electronic signature if it is recognized as valid under applicable federal or state contract law. 16 This would include permission obtained via an , website form, text message, telephone keypress, or voice recording. 17 A consumer s written consent must be sufficient to show that the consumer received clear and conspicuous disclosure that the consumer will receive future calls that deliver prerecorded messages by or on behalf of a specific seller and unambiguously agrees to receive such calls at the number the consumer designates. Should any question about the consent arise, the seller bears the burden of demonstrating the required disclosure was provided and unambiguous consent obtained. 18 Section (a)(7). The FCC amended the abandoned call rate limitation to mirror the FTC s requirement of 3% as measured over a 30-day period for a single calling campaign. Rule: Section (a)(7) No person or entity may abandon more than three percent of all telemarketing calls that are answered live by a person, as measured over a 30-day period for a single calling campaign. If a single calling campaign exceeds a 30-day period, the abandonment rate shall be calculated separately for each successive 30-day period or portion thereof that such calling campaign continues. A call is abandoned if it is not connected to a live sales representative within two (2) seconds of the called person's completed greeting. (i) Whenever a live sales representative is not available to speak with the person answering the call, within two (2) seconds after the called person's completed greeting, the telemarketer or the seller must provide: (A) A prerecorded identification and opt-out message that is limited to disclosing that the call was for telemarketing purposes and states the name of the business, entity, or individual on whose behalf the call was placed, and a telephone number for such business, entity, or individual that permits the called person to make a do-not-call request during regular business hours for the duration of the telemarketing campaign; provided, that, such telephone number may not be a 900 number or any other number for which charges exceed local or long distance transmission charges, and 5

6 (B) An automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make a do-not-call request prior to terminating the call, including brief explanatory instructions on how to use such mechanism. When the called person elects to opt-out using such mechanism, the mechanism must automatically record the called person s number to the seller s do-not-call list and immediately terminate the call. (ii) A call for telemarketing purposes that delivers an artificial or prerecorded voice message to a residential telephone line that is assigned to a person who either has granted prior express consent for the call to be made or has an established business relationship with the caller or to any of the lines or telephone numbers described in paragraphs (a)(1)(i)-(iii) of this section after the subscriber to such line has granted prior express written consent for the call to be made shall not be considered an abandoned call if the message begins within two (2) seconds of the called person's completed greeting. (iii) The seller or telemarketer must maintain records establishing compliance with paragraph (a)(7) of this section. (iv) Calls made by or on behalf of tax-exempt nonprofit organizations are not covered by paragraph (a)(67)of this section. The FCC revised the TCPA Rules in this section to match the FTC s abandoned call provisions. This amendment will prevent telemarketers from averaging abandoned calls across multiple campaigns. 19 In addition to this change, the FCC is requiring an automated, interactive voice- and/or keypress-activated opt-out mechanism to be included in all abandoned call messages. This mechanism is to enable consumers to assert a do-not-call request that must be automatically recorded on the seller s do-not-call list. Section (b). All prerecorded telemarketing messages must include an automated, interactive voice- and/or keypress-activated opt-out mechanism for the called person to assert a do-not-call request. Rule: Section (b) All artificial or prerecorded voice telephone messages shall: (1) At the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call. If a business is responsible for initiating the call, the name under which the entity is registered to conduct business with the State Corporation Commission (or comparable regulatory authority) must be stated; (2) During or after the message, state clearly the telephone number (other than that of the autodialer or prerecorded message player that placed the call) of such business, other entity, or individual. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges. For telemarketing messages to residential telephone subscribers, such telephone number must permit any individual to make a do-not-call request during regular business hours for the duration of the telemarketing campaign; and (3) In every case where the artificial or prerecorded voice telephone message includes or introduces an advertisement or constitutes telemarketing and is delivered to a residential telephone line or any of the lines or telephone numbers described in paragraphs (a)(1)(i)-(iii), 6

7 provide an automated, interactive voice- and/or key press-activated opt-out mechanism for the called person to make a do-not-call request, including brief explanatory instructions on how to use such mechanism, within two (2) seconds of providing the identification information required in paragraph (b)(1) of this section. When the called person elects to opt out using such mechanism, the mechanism, must automatically record the called person s number to the seller s do-not-call list and immediately terminate the call. When the artificial or prerecorded voice telephone message is left on an answering machine or a voice mail service, such message must also provide a toll free number that enables the called person to call back at a later time and connect directly to the automated, interactive voice- and/or key press-activated opt-out mechanism and automatically record the called person s number to the seller s do-not-call list. The FCC amended this section to require an automated, interactive opt-out mechanism for consumers to make a do-not-call request. This requirement is similar to that of the FTC. In its commentary, the FCC indicates the opt-out mechanism must be announced at the outset of the message and be available for the duration of the call. 20 This opt-out mechanism must be accessible in any prerecorded telemarketing call, whether it is answered by a live person, or an answering machine or voice mail service USC CFR CFR FCC Report and Order February 15, 2102 (hereinafter Report and Order ), CFR (f)(1) CFR (f)(2) CFR (f)(3) CFR (f)(8) CFR (f)(12). 10 Report and Order, Report and Order, 9 and footnote Report and Order, Report and Order, 2. See also 18, 20, Report and Order, Report and Order, Report and Order, Report and Order, Report and Order, Report and Order, Report and Order, 47. 7

Telephone Consumer Protections Act (TCPA)

Telephone Consumer Protections Act (TCPA) Telephone Consumer Protections Act (TCPA) Guideline for Aspect customers on the latest FCC Report and Order Serge Hyppolite, VP, Sales Development October 8, 2013 Disclaimer The purpose of this document

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) DECLARATORY RULING

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) DECLARATORY RULING Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 Request of ACA International for Clarification

More information

* * * * * No member or person associated with a member shall initiate any outbound

* * * * * No member or person associated with a member shall initiate any outbound Below is the text of FINRA Rule 3230 (marked to show changes from NASD Rule 2212; NASD Rule 2212 is deleted in its entirety from the Transitional Rulebook). New language is underlined; deletions are in

More information

On the Line Consenting To A New Way Of Lead Generation Under The TCPA

On the Line Consenting To A New Way Of Lead Generation Under The TCPA Ifrah Law Whitepaper On the Line Consenting To A New Way Of Lead Generation Under The TCPA IfrahLaw Hands-on Counsel, Gloves-off Litigation PREPARED BY: Rachel Hirsch 1717 Pennsylvania Ave, N.W., Suite

More information

Direct Edge Regulatory Notice #12-03: Telemarketing Rules - Effective June 29, 2012

Direct Edge Regulatory Notice #12-03: Telemarketing Rules - Effective June 29, 2012 Published Date : 5/15/2012 Direct Edge Regulatory Notice #12-03: Telemarketing Rules - Effective June 29, 2012 Overview This Regulatory Notice (the Notice ) serves to inform Members of EDGA Exchange, Inc.

More information

(1) The term automatic telephone dialing system means equipment which has the capacity

(1) The term automatic telephone dialing system means equipment which has the capacity Telephone Consumer Protection Act 47 U.S.C. 227 SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT (a) DEFINITIONS. As used in this section (1) The term automatic telephone dialing

More information

TCPA. The Telephone Consumer Protection Act (47 U.S.C. 227), regulations promulgated at 47 CFR 64.1200. Jackson Lewis P.C. www.jacksonlewis.

TCPA. The Telephone Consumer Protection Act (47 U.S.C. 227), regulations promulgated at 47 CFR 64.1200. Jackson Lewis P.C. www.jacksonlewis. The Telephone Consumer Protection Act (47 U.S.C. 227), regulations promulgated at 47 CFR 64.1200 TCPA www.jacksonlewis.com ABOUT JACKSON LEWIS Founded in 1958, Jackson Lewis is dedicated to representing

More information

FEDERAL TELEMARKETING AND OUTBOUND CALLING COMPLIANCE GUIDE. October 2013

FEDERAL TELEMARKETING AND OUTBOUND CALLING COMPLIANCE GUIDE. October 2013 FEDERAL TELEMARKETING AND OUTBOUND CALLING COMPLIANCE GUIDE October 2013 TABLE OF CONTENTS I. INTRODUCTION... 3 II. TELEPHONE CONSUMER PROTECTION ACT REQUIREMENTS... 4 III. TELEMARKETING SALES RULE REQUIREMENTS...

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) REPORT AND ORDER. Adopted: February 15, 2012 Released: February 15, 2012

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) REPORT AND ORDER. Adopted: February 15, 2012 Released: February 15, 2012 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 ) ) ) ) CG Docket No. 02-278 REPORT

More information

FCC PROVIDES ADDITIONAL CLARITY ABOUT RULES UNDER THE TELEPHONE CONSUMER PROTECTION ACT

FCC PROVIDES ADDITIONAL CLARITY ABOUT RULES UNDER THE TELEPHONE CONSUMER PROTECTION ACT August 3, 2015 FCC PROVIDES ADDITIONAL CLARITY ABOUT RULES UNDER THE TELEPHONE CONSUMER PROTECTION ACT The Issue: On July 10, the Federal Communications Commission (FCC) released an order addressing a

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) NOTICE OF PROPOSED RULEMAKING

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) NOTICE OF PROPOSED RULEMAKING Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 ) ) ) ) CG Docket No. 02-278 NOTICE

More information

Text Messages under the Telephone Consumer Protection Act White Paper

Text Messages under the Telephone Consumer Protection Act White Paper INTRODUCTION The use of text messages in communicating with a health plan participant or patient may implicate the federal law known as the Telephone Consumer Protection Act (TCPA). The Federal Communications

More information

Telephone Consumer Protection Act for Nonprofits

Telephone Consumer Protection Act for Nonprofits Telephone Consumer Protection Act for Nonprofits The Telephone Consumer Protection Act ( TCPA ) was enacted in 1991 and codified in Section 227 of the Communications Act of 1934. The FCC adopted updated

More information

The Telephone Consumer Protection Act (TCPA) Protecting the public and your company

The Telephone Consumer Protection Act (TCPA) Protecting the public and your company The Telephone Consumer Protection Act (TCPA) Protecting the public and your company About AnswerNet AnswerNet is the largest privately held telemessaging company in the world and a fullservice provider

More information

Wrong Number: Hot Topics In TCPA Compliance & Litigation

Wrong Number: Hot Topics In TCPA Compliance & Litigation Wrong Number: Hot Topics In TCPA Compliance & Litigation Yaron Dori Covington & Burling LLP Nancy Thomas Morrison & Foerster LLP Julie O Neill Morrison & Foerster LLP International Association of Privacy

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 COMMENTS OF THE ALLIANCE FOR TELECOMMUNICATIONS INDUSTRY SOLUTIONS

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 COMMENTS OF THE ALLIANCE FOR TELECOMMUNICATIONS INDUSTRY SOLUTIONS Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 ) CG Docket No. 02-278 ) ) COMMENTS

More information

MEMORANDUM. Express Consent Requirement for Delivery of Recorded Messages

MEMORANDUM. Express Consent Requirement for Delivery of Recorded Messages MEMORANDUM DATE: August 26, 2008 RE: Express Consent Requirement for Delivery of Recorded Messages The following sets forth the individual state and federal requirements regarding express consent for the

More information

Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits

Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits LeadsCouncil December 11, 2012 2 pm 3 pm ET Webinar Ari N. Rothman, Esq., Co-Presenter Molly T. Cusson, Esq., Co-Presenter Jonathan

More information

Senate. File No. 757. Approved by the Legislative Commissioner May 3, 2014

Senate. File No. 757. Approved by the Legislative Commissioner May 3, 2014 Senate General Assembly File No. 757 February Session, 2014 (Reprint of File No. 191) Substitute Senate Bill No. 209 As Amended by Senate Amendment Schedule "A" and House Amendment Schedule "A" Approved

More information

The Telemarketing Sales Rule. Related Items. Sign Up for the Do Not Call Registry. PreviousNext. Robocalls. National Do Not Call Registry

The Telemarketing Sales Rule. Related Items. Sign Up for the Do Not Call Registry. PreviousNext. Robocalls. National Do Not Call Registry The Telemarketing Sales Rule Related Items Sign Up for the Do Not Call Registry PreviousNext 12 Robocalls National Do Not Call Registry The Federal Trade Commission s (FTC) Telemarketing Sales Rule (TSR)

More information

Can I Text My Customer? Recent FCC Rulings Under the TCPA. Jonathan Thessin, Senior Counsel American Bankers Association

Can I Text My Customer? Recent FCC Rulings Under the TCPA. Jonathan Thessin, Senior Counsel American Bankers Association Can I Text My Customer? Recent FCC Rulings Under the TCPA Jonathan Thessin, Senior Counsel American Bankers Association aba.com 1-800-BANKERS Background The Telephone Consumer Protection Act (TCPA) prohibits

More information

CBOE Regulatory Circular RG C2 Regulatory Circular C2 RG Date: May 11, CBOE, C2 and CBSX Trading Permit Holders

CBOE Regulatory Circular RG C2 Regulatory Circular C2 RG Date: May 11, CBOE, C2 and CBSX Trading Permit Holders Date: May 11, 2012 CBOE Regulatory Circular RG12-064 C2 Regulatory Circular C2 RG12-024 To: From: Re: CBOE, C2 and CBSX Trading Permit Holders Legal and Regulatory Services Division Amendments to Rule

More information

Maybe You Can t Hear Me Now: Autodialer Restrictions

Maybe You Can t Hear Me Now: Autodialer Restrictions Maybe You Can t Hear Me Now: Autodialer Restrictions Child support programs across the county are considering various new technologies to enhance collections and services. The federal Office of Child Support

More information

Technology and IP Forum Back to School Marketing Primer Marketing Through Technology, What is Allowed and What Isn t?

Technology and IP Forum Back to School Marketing Primer Marketing Through Technology, What is Allowed and What Isn t? Technology and IP Forum Back to School Marketing Primer Marketing Through Technology, What is Allowed and What Isn t? 1 SPEAKERS Michelle Cohen Member, Ifrah PLLC Over Two Decades Of Marketing Law Experience,

More information

FCC s Amendments to the Telephone Consumer Protection Act ( TCPA )

FCC s Amendments to the Telephone Consumer Protection Act ( TCPA ) {00141492;v1}{00127001;v7}{00127001;v6} FCC s Amendments to the Telephone Consumer Protection Act ( TCPA ) Mitchell N. Roth, Esquire Roth Doner Jackson, PLC 8200 Greensboro Drive, Suite 820 McLean, Virginia

More information

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act The Telephone Consumer Protection Act Recent Developments in Litigation, Regulation and Insurance Coverage June 13, 2013 Presenters Henry Pietrkowski Partner Chicago +1 312 207 3904 hpietrkowski@reedsmith.com

More information

Telephone Consumer Protection Act (TCPA) Guide for Contact Centers

Telephone Consumer Protection Act (TCPA) Guide for Contact Centers Telephone Consumer Protection Act (TCPA) Guide for Contact Centers September 2013 Sponsored By: - 1 - DMG Consulting LLC 2013 DMG Consulting LLC. All rights reserved. This Report is protected by United

More information

CHAPTER 51-28 TELEPHONE SOLICITATIONS

CHAPTER 51-28 TELEPHONE SOLICITATIONS CHAPTER 51-28 TELEPHONE SOLICITATIONS 51-28-01. Definitions. In this chapter, unless the context or subject matter otherwise requires, the terms shall have the meanings as follows: 1. "Automatic dialing-announcing

More information

DISCLAIMER. Two important things to note: Thanks for your Cooperation!

DISCLAIMER. Two important things to note: Thanks for your Cooperation! DISCLAIMER Two important things to note: The materials in this Presentation are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised

More information

The Telephone Consumer Protection (TCPA): Consumer Protection Controlled Business Mayhem

The Telephone Consumer Protection (TCPA): Consumer Protection Controlled Business Mayhem The Telephone Consumer Protection (TCPA): Consumer Protection Controlled Business Mayhem The Telephone Consumer Protection Act is surrounded by a plethora of fear, loathing, confusion and a seemingly never

More information

2:15-cv-00201-DCN Date Filed 01/15/15 Entry Number 1 Page 1 of 22

2:15-cv-00201-DCN Date Filed 01/15/15 Entry Number 1 Page 1 of 22 2:15-cv-00201-DCN Date Filed 01/15/15 Entry Number 1 Page 1 of 22 IN THE UNITED STATES DISTRICT C O U R T DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION LINDA KENZIK, individually and on behalf of others

More information

13-25a-101. Title. This chapter is known as the "Telephone and Facsimile Solicitation Act."

13-25a-101. Title. This chapter is known as the Telephone and Facsimile Solicitation Act. 13-25a-101. Title. This chapter is known as the "Telephone and Facsimile Solicitation Act." Enacted by Chapter 26, 1996 General Session 13-25a-102. Definitions. As used in this chapter: (1) "Advertisement"

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Rules and Regulations Implementing the ) CG Docket No. 02 278 Telephone Consumer Protection Act of 1991 ) FCC Number

More information

Consent to Call? Internet Leads and the Telephone Consumer Protection Act. Whitepaper

Consent to Call? Internet Leads and the Telephone Consumer Protection Act. Whitepaper Consent to Call? Internet Leads and the Telephone Consumer Protection Act Whitepaper Consent to Call? Internet Leads and the Telephone Consumer Protection Act Introduction On October 16, 2013, new FCC

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 1 1 1 1 1 1 1 1 0 1 LAW OFFICES OF RONALD A. MARRON RONALD A. MARRON (SBN 10) ron@consumersadvocates.com ALEXIS WOOD (SBN 000) alexis@consumersadvocates.com KAS GALLUCCI (SBN 0) kas@consumersadvocates.com

More information

Suggested National Do-Not-Call Registry Policy

Suggested National Do-Not-Call Registry Policy Purpose: The federal regulations issued by the Federal Communications Commission (FCC) regulate telephone solicitation activities performed by REALTORS. The State and Federal laws apply to all telephones,

More information

The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015

The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015 The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015 November 2014 Mark W. Brennan, Partner Overview Overview of the TCPA Recent Developments Issues to Watch What You

More information

If you have any questions, please do not hesitate to contact us. You may address any questions to vocalcom@vocalcomusa.com

If you have any questions, please do not hesitate to contact us. You may address any questions to vocalcom@vocalcomusa.com October 11, 2013 Thank you again for being a valued Vocalcom customer. We are pleased to provide this letter to discuss changes in the Federal Communications Commission s (FCC s) Telephone Consumer Protection

More information

Recent Developments in TCPA Litigation. April 5, 2013 Aaron Van Oort Eileen Hunter Erin Hoffman

Recent Developments in TCPA Litigation. April 5, 2013 Aaron Van Oort Eileen Hunter Erin Hoffman Recent Developments in TCPA Litigation April 5, 2013 Aaron Van Oort Eileen Hunter Erin Hoffman Why Pay Attention To The TCPA? 2 TCPA Arithmetic: Banks More Debtors + More Cell Phones + $500-$1500 Statutory

More information

NC General Statutes - Chapter 75 Article 4 1

NC General Statutes - Chapter 75 Article 4 1 Article 4. Telephone Solicitations. 75-100. Findings. The General Assembly finds all of the following: (1) The use of the telephone to market goods and services to the home is now pervasive due to the

More information

MEMORANDUM. Re: Federal and State Restrictions on the Delivery of Recorded Messages

MEMORANDUM. Re: Federal and State Restrictions on the Delivery of Recorded Messages MEMORANDUM Date: October 29, 2008 Re: Federal and State Restrictions on the Delivery of Recorded Messages The following requirements are imposed on the delivery of recorded messages by automated dialing

More information

Recent Developments and New Challenges Under the Telephone Consumer Protection Act

Recent Developments and New Challenges Under the Telephone Consumer Protection Act Recent Developments and New Challenges Under the Telephone Consumer Protection Act COHEAO Mid-Year Conference Mark W. Brennan July 29, 2013 Overview Background on the Telephone Consumer Protection Act

More information

HIPAA and TCPA Intersection: Navigating Healthcare Call Exemption, Landline/Cell Phone Distinction, Scope of Consent

HIPAA and TCPA Intersection: Navigating Healthcare Call Exemption, Landline/Cell Phone Distinction, Scope of Consent Presenting a live 90-minute webinar with interactive Q&A HIPAA and TCPA Intersection: Navigating Healthcare Call Exemption, Landline/Cell Phone Distinction, Scope of Consent THURSDAY, NOVEMBER 5, 2015

More information

- i - DMG Consulting LLC

- i - DMG Consulting LLC 2014 DMG Consulting LLC. All rights reserved. This Report is protected by United States copyright law. The reproduction, transmission or distribution of this Report in whole or in part in any form or medium

More information

Guidelines for Telemarketing

Guidelines for Telemarketing Guidelines for Telemarketing The Electronic Retailing Association (ERA) believes that consumer confidence is the key to the continued growth and success of the electronic retailing industry. In order to

More information

Before the Federal Communications Commission Washington, DC 20554 ) ) ) ) ) CITATION AND ORDER PRERECORDED MESSAGE VIOLATIONS

Before the Federal Communications Commission Washington, DC 20554 ) ) ) ) ) CITATION AND ORDER PRERECORDED MESSAGE VIOLATIONS Before the Federal Communications Commission Washington, DC 20554 In the Matter of Dialing Services, LLC File No.: EB-TCD-12-00001812 CITATION AND ORDER PRERECORDED MESSAGE VIOLATIONS Adopted: March 15,

More information

Federal Regulations on Advertising:

Federal Regulations on Advertising: Federal Regulations on Advertising: Phone, Fax, or E-mail By Jordan B. Hansell 700 Walnut, Suite 1600 Des Moines, Iowa 50309 Telephone: 515-283-8166 Facsimile: 515-283-8018 jbhansell@nyemaster.com Disclaimer

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) REPORT AND ORDER

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) REPORT AND ORDER Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Implementation of the Middle Class Tax Relief and Job Creation Act of 2012 Establishment of a Public Safety Answering

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA. Plaintiff 2:14-cv-2081-RMG. Case No. vs. CLASS ACTION COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA. Plaintiff 2:14-cv-2081-RMG. Case No. vs. CLASS ACTION COMPLAINT 2:14-cv-02081-RMG Date Filed 05/29/14 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA MARK FITZHENRY, individually and on behalf of a class of all persons

More information

Continue reading to better understand the rules as they apply to automobile dealerships in the United States.

Continue reading to better understand the rules as they apply to automobile dealerships in the United States. 2016 TCPA Texting Rules TCPA Texting Rules Every Car Dealership Needs to Know advantage txt. - Providing your customers the communication options they demand. Today s reality regarding real time communication

More information

Do-Not-Call Q&A Pennsylvania Law/Federal Rules

Do-Not-Call Q&A Pennsylvania Law/Federal Rules Do-Not-Call Q&A Pennsylvania Law/Federal Rules The Pennsylvania Telemarketer Registration Act, ( Pennsylvania Act ), as amended, applies to telephone solicitation and marketing activities performed by

More information

New TCPA Order Holds Few Bright Spots For Businesses

New TCPA Order Holds Few Bright Spots For Businesses Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com New TCPA Order Holds Few Bright Spots For Businesses

More information

COMPLIANT MEDICARE. Does It Exist? Is It Scalable? FOR. Monday, March 30, 2015. March 30 - April 1, 2015. Mandalay Bay Convention Center Las Vegas, NV

COMPLIANT MEDICARE. Does It Exist? Is It Scalable? FOR. Monday, March 30, 2015. March 30 - April 1, 2015. Mandalay Bay Convention Center Las Vegas, NV COMPLIANT Monday, March 30, 2015 FOR MEDICARE Does It Exist? Is It Scalable? March 30 - April 1, 2015 1 Mandalay Bay Convention Center Las Vegas, NV Please Complete Your Evaluation Everyone should have

More information

Page 67 TITLE 47 TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS 227

Page 67 TITLE 47 TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS 227 Page 67 TITLE 47 TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS 227 (June 19, 1934, ch. 652, title II, 226, as added Pub. L. 101 435, 3, Oct. 17, 1990, 104 Stat. 987; amended Pub. L. 101 555, 4, Nov. 15,

More information

White Paper. FTC TCPA Regulation Revisions Calling Wireless Devices after Written Prior Express Consent is Required

White Paper. FTC TCPA Regulation Revisions Calling Wireless Devices after Written Prior Express Consent is Required White Paper FTC TCPA Regulation Revisions Calling Wireless Devices after Written Prior Express Consent is Required Mick Bennett VP, Corporate Compliance 135 Chestnut Ridge Road Montvale, NJ 07645 Phone

More information

Case 1:14-cv-10612-PBS Document 2-1 Filed 03/10/14 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. Case No.

Case 1:14-cv-10612-PBS Document 2-1 Filed 03/10/14 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. Case No. Case 1:14-cv-10612-PBS Document 2-1 Filed 03/10/14 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA, Plaintiff, v. VERSATILE MARKETING SOLUTIONS, INC., a Massachusetts

More information

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON D.C. 20554

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON D.C. 20554 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON D.C. 20554 In the Matter of: ) ) Implementation of the Middle Class Tax ) CG Docket No. 12-129 Relief and Job Creation Act of 2012 ) ) Establishment

More information

Case 1:13-cv-11944 Document 1 Filed 08/13/13 Page 1 of 9 : : : : : : : : : : :

Case 1:13-cv-11944 Document 1 Filed 08/13/13 Page 1 of 9 : : : : : : : : : : : Case 113-cv-11944 Document 1 Filed 08/13/13 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Robert Pegg, on behalf of himself and all others similarly situated, v. Plaintiff, Collecto,

More information

201 CMR: OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION 201 CMR 12.00 THE MASSACHUSETTS DO NOT CALL REGISTRY

201 CMR: OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION 201 CMR 12.00 THE MASSACHUSETTS DO NOT CALL REGISTRY 201 CMR: OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION 201 CMR 12.00 THE MASSACHUSETTS DO NOT CALL REGISTRY Section 12.01 Definitions 12.02 General Telephone Solicitation Regulations 12.03 Maintaining

More information

Section 28 Marketing by Means of Telemarketing 1. Generally

Section 28 Marketing by Means of Telemarketing 1. Generally Deviation from permitted usages will put the relationship at risk and potentially damage Herbalife's brand and business reputation. For this reason, violations of the following guidelines will result in

More information

The Ninth Circuit Holds That Text Messages Are Subject to a Telemarketing Law

The Ninth Circuit Holds That Text Messages Are Subject to a Telemarketing Law The Ninth Circuit Holds That Text Messages Are Subject to a Telemarketing Law By Gonzalo E. Mon Gonzalo E. Mon is an attorney in Kelley Drye & Warren s advertising and marketing law practice. He can be

More information

November 23, 2011. Predicting an agent s availability to take a call. Dialing ahead of an agent finishing a current call.

November 23, 2011. Predicting an agent s availability to take a call. Dialing ahead of an agent finishing a current call. HELEN MAC MURRAY hmacmurray@mpslawyers.com November 23, 2011 To whom it may concern: Radius Solutions, Incorporated has retained the undersigned to render a legal analysis of its Radius Cell Manager program

More information

Public Knowledge. October 18, Marlene Dortch Secretary Federal Communications Commission th Street, SW Washington DC 20554

Public Knowledge. October 18, Marlene Dortch Secretary Federal Communications Commission th Street, SW Washington DC 20554 Public Knowledge October 18, 2016 Marlene Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington DC 20554 Re: Notice of Ex Parte Presentation: CG Docket No. 02-278, specifically

More information

2nd Annual Venable Advertising Law Symposium. Minding Your TCPAs. Ellen Traupman Berge, Venable LLP. 2015 Venable LLP

2nd Annual Venable Advertising Law Symposium. Minding Your TCPAs. Ellen Traupman Berge, Venable LLP. 2015 Venable LLP 2nd Annual Venable Advertising Law Symposium Minding Your TCPAs Ellen Traupman Berge, Venable LLP Agenda TCPA Overview Focus on Calls/Texts to Cell Phones Non-Marketing Calls: The Prior Express Consent

More information

Wireless Ported Number s FAQ s

Wireless Ported Number s FAQ s Wireless Ported Number s FAQ s Q: Is this the only file I need to identify wireless numbers? A: No! These files only identify numbers that have been ported you will also need the DMA s Wireless Block Identifier

More information

3:16-cv JFA Date Filed 08/11/16 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

3:16-cv JFA Date Filed 08/11/16 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA 3:16-cv-02809-JFA Date Filed 08/11/16 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA MARK FITZHENRY, individually and on behalf of a class of all persons

More information

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION. Case No. :

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION. Case No. : UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION PAUL BARRETT, individually and on behalf of all others similarly situated, v. Plaintiff, Case No. : CLASS ACTION

More information

How the Established Business Relationship Exemption to the National Do-Not-Call Registry Forces Consumers to Pay for Unwanted Sales Calls

How the Established Business Relationship Exemption to the National Do-Not-Call Registry Forces Consumers to Pay for Unwanted Sales Calls Northwestern Journal of Technology and Intellectual Property Volume 3 Issue 1 Fall Article 2 Fall 2004 How the Established Business Relationship Exemption to the National Do-Not-Call Registry Forces Consumers

More information

For the reasons discussed in the preamble, the Federal Trade Commission amends 16 CFR part 310 as follows:

For the reasons discussed in the preamble, the Federal Trade Commission amends 16 CFR part 310 as follows: VI. Final Amendments List of Subjects in 16 CFR part 310 Telemarketing, Trade practices. For the reasons discussed in the preamble, the Federal Trade Commission amends 16 CFR part 310 as follows: TELEMARKETING

More information

RULES OF TENNESSEE REGULATORY AUTHORITY CHAPTER 1220-04-11 TELEPHONE SOLICITATION REGULATIONS - DO NOT CALL REGISTER

RULES OF TENNESSEE REGULATORY AUTHORITY CHAPTER 1220-04-11 TELEPHONE SOLICITATION REGULATIONS - DO NOT CALL REGISTER RULES OF TENNESSEE REGULATORY AUTHORITY CHAPTER 1220-04-11 TELEPHONE SOLICITATION REGULATIONS - DO NOT CALL REGISTER TABLE OF CONTENTS 1220-04-11-.01 Definitions 1220-04-11-.06 Public Education about the

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) Rules and Regulations Implementing ) CG Docket No. 02-278 the Telephone Consumer Protection ) Act of 1991 ) Comments

More information

Case 9:13-cv-80670-DPG Document 4 Entered on FLSD Docket 07/11/2013 Page 1 of 8

Case 9:13-cv-80670-DPG Document 4 Entered on FLSD Docket 07/11/2013 Page 1 of 8 Case 9:13-cv-80670-DPG Document 4 Entered on FLSD Docket 07/11/2013 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:13-cv-80670-KAM AJA DE LOS SANTOS, an individual, on

More information

BASIS, PURPOSE AND STATUTORY AUTHORITY

BASIS, PURPOSE AND STATUTORY AUTHORITY BASIS, PURPOSE AND STATUTORY AUTHORITY The basis and purpose of these rules is to implement the Colorado No-Call List Act, 6-1-901 et. seq. C.R.S. The Act intends that the Commission, primarily through

More information

Health Care Entities Get Clarity from FCC on Telephone Communications

Health Care Entities Get Clarity from FCC on Telephone Communications 10 August 2015 Practice Group(s): Health Care Telecom, Media and Technology Health Care Entities Get Clarity from FCC on Telephone Communications By Martin L. Stern, Samuel R. Castic, Ryan J. Severson

More information

FILED 2012 Dec-05 PM 04:01 U.S. DISTRICT COURT N.D. OF ALABAMA

FILED 2012 Dec-05 PM 04:01 U.S. DISTRICT COURT N.D. OF ALABAMA Case 2:12-cv-04033-JEO Document 1 Filed 12/05/12 Page 1 of 11 FILED 2012 Dec-05 PM 04:01 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN

More information

WHAT YOU NEED TO KNOW BEFORE TEXT MESSAGING YOUR CUSTOMERS. Business Considerations for Implementing Mobile Communications

WHAT YOU NEED TO KNOW BEFORE TEXT MESSAGING YOUR CUSTOMERS. Business Considerations for Implementing Mobile Communications WHAT YOU NEED TO KNOW BEFORE TEXT MESSAGING YOUR CUSTOMERS Business Considerations for Implementing Mobile Communications S mall, medium, and enterprise business entities are all using SMS to improve workflow

More information

Telephone Consumer Protection Act Advocacy Update

Telephone Consumer Protection Act Advocacy Update Telephone Consumer Protection Act Advocacy Update 2014 National Council of Higher Education Resources (NCHER) Knowledge Symposium November 4, 2014 Jason Goldman Senior Telecommunications Policy Counsel

More information

Federal Communications Commission FCC 16-57. Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) NOTICE OF PROPOSED RULEMAKING

Federal Communications Commission FCC 16-57. Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) NOTICE OF PROPOSED RULEMAKING Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 ) ) ) ) CG Docket No. 02-278 NOTICE

More information

Text Messages in Health Care:

Text Messages in Health Care: Text Messages in Health Care: There s More to it Than HIPAA Laura Asbury Senior Director Wal-Mart Privacy Office Elizabeth Johnson Partner, Privacy and Data Security These materials have been prepared

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Rules and Regulations Implementing the ) CG Docket No. 02-278 Telephone Consumer Protection Act of 1991 ) ) REPLY

More information

Case 0:14-cv-61899-WJZ Document 1 Entered on FLSD Docket 08/19/2014 Page 1 of 10

Case 0:14-cv-61899-WJZ Document 1 Entered on FLSD Docket 08/19/2014 Page 1 of 10 Case 0:14-cv-61899-WJZ Document 1 Entered on FLSD Docket 08/19/2014 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IRESTORE REPAIR AND ) WIRELESS, LLC, on behalf

More information

The Virginia Joint Commission. on Technology and Science

The Virginia Joint Commission. on Technology and Science TO: FROM: SUBJECT: JCOTS CYBERCRIMES ADVISORY COMMITTEE PATRICK CUSHING, JOINT COMMISSION ON TECH NOLOGY AND SCIENCE HB 1354 - WIRELESS DEVICES; UNSOLICITED MESSAGES AND IMAGES SENT THERETO; PENALTY DATE:

More information

Update on TCPA Requirements for Text Messages and Best Practices

Update on TCPA Requirements for Text Messages and Best Practices Update on TCPA Requirements for Text Messages and Best Practices ESPC Annual Meeting September 9, 2015 Heather Zachary Agenda Background on the Telephone Consumer Protection Act Past TCPA Orders by the

More information

Case 0:13-cv-61747-RSR Document 4 Entered on FLSD Docket 08/16/2013 Page 1 of 9

Case 0:13-cv-61747-RSR Document 4 Entered on FLSD Docket 08/16/2013 Page 1 of 9 Case 0:13-cv-61747-RSR Document 4 Entered on FLSD Docket 08/16/2013 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 0:13-cv-61747-RSR KURT S. SOTO, an individual, on behalf

More information

Federal Communications Commission

Federal Communications Commission Friday, July 25, 2003 Part II Federal Communications Commission 47 CFR Parts 64 and 68 Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991; Final Rule VerDate Jan2003

More information

TCPA AND WIRELESS MARKETING AT THE FCC, THE FTC, AND IN THE COURTS. William B. Baker Wiley Rein LLP September 19, 2014 San Jose

TCPA AND WIRELESS MARKETING AT THE FCC, THE FTC, AND IN THE COURTS. William B. Baker Wiley Rein LLP September 19, 2014 San Jose TCPA AND WIRELESS MARKETING AT THE FCC, THE FTC, AND IN THE COURTS William B. Baker Wiley Rein LLP September 19, 2014 San Jose Why You Should Care Hundreds of lawsuits Hundreds of $millions in payouts

More information

Petition for Declaratory Ruling filed by Communication Innovators (CG Docket No. 02-278)

Petition for Declaratory Ruling filed by Communication Innovators (CG Docket No. 02-278) November 15, 2012 Commission s Secretary Office of the Secretary Federal Communications Commission 445 12 th Street, SW Washington, DC 20554 Re: Petition for Declaratory Ruling filed by Communication Innovators

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Case: 4:15-cv-01593 Doc. #: 1 Filed: 10/19/15 Page: 1 of 22 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION STATE OF MISSOURI ex rel. ) Attorney General CHRIS KOSTER,

More information

Calling All Cell Phones With Express Permission. June 24 th, 2014

Calling All Cell Phones With Express Permission. June 24 th, 2014 Calling All Cell Phones With Express Permission June 24 th, 2014 Kenlyn T. Gretz President and CEO of Law360, New York (May07, 2014, 8:55PM ET Tenet Healthcare Corp. and its debt collection subsidiary

More information

Revisiting TCPA: Staying Compliant While Addressing the Challenges and Complexities. Wednesday, March 26, 9:00 9:40am Mirage Hotel, Las Vegas, NV

Revisiting TCPA: Staying Compliant While Addressing the Challenges and Complexities. Wednesday, March 26, 9:00 9:40am Mirage Hotel, Las Vegas, NV Revisiting TCPA: Staying Compliant While Addressing the Challenges and Complexities Wednesday, March 26, 9:00 9:40am Mirage Hotel, Las Vegas, NV 1 Moderator Rachel Hirsch Senior Associate, Ifrah PLLC 2

More information

Arthur Rotatori, McGlinchey Stafford, PLLC Jason Romrell, LeadsMarket.com Dustin Alonzo, McGlinchey Stafford, PLLC. #LEND360 LEND360.

Arthur Rotatori, McGlinchey Stafford, PLLC Jason Romrell, LeadsMarket.com Dustin Alonzo, McGlinchey Stafford, PLLC. #LEND360 LEND360. Arthur Rotatori, McGlinchey Stafford, PLLC Jason Romrell, LeadsMarket.com Dustin Alonzo, McGlinchey Stafford, PLLC #LEND360 LEND360.org Overview of Federal, State & Industry Regula9on Federal Trade Commission

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) DECLARATORY RULING

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) DECLARATORY RULING Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westfax, Inc. Petition for Consideration and Clarification Rules and Regulations Implementing the Telephone Consumer

More information

Case 0:15-cv-60423-WJZ Document 6-2 Entered on FLSD Docket 03/03/2015 Page 1 of 21

Case 0:15-cv-60423-WJZ Document 6-2 Entered on FLSD Docket 03/03/2015 Page 1 of 21 Case 0:15-cv-60423-WJZ Document 6-2 Entered on FLSD Docket 03/03/2015 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 0:15-cv-60423-WJZ FEDERAL TRADE COMMISSION, STATES

More information

Delivery of Recording Laws: Are Established Business Relationship Calls Exempt from Federal and State Bans 1?

Delivery of Recording Laws: Are Established Business Relationship Calls Exempt from Federal and State Bans 1? Delivery of Recording Laws: Are Established Business Relationship Calls Exempt from Federal and State Bans 1? Jurisdiction Federal-TCPA (47 USC 227; 47 CFR 64.1200) Federal-TSR (effective until Sept. 1,

More information

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 ( Act ) 1 and Rule

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 ( Act ) 1 and Rule SECURITIES AND EXCHANGE COMMISSION (Release No. 34-68987; File No. SR-MSRB-2013-02) February 26, 2013 Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing of a Proposed

More information

Dare to be Compliant. A TDI White Paper By Rick Reiman, TDI Product Marketing. Dare to be Compliant 9

Dare to be Compliant. A TDI White Paper By Rick Reiman, TDI Product Marketing. Dare to be Compliant 9 Dare to be Compliant A TDI White Paper By Rick Reiman, TDI Product Marketing Dare to be Compliant 9 Market Overview The National Do Not Call Registry (NDNCR) and associated legislation have been in effect

More information

Case 1:14-cv-10006-WGY Document 1 Filed 01/02/14 Page 1 of 6 : : : : : : : : : : :

Case 1:14-cv-10006-WGY Document 1 Filed 01/02/14 Page 1 of 6 : : : : : : : : : : : Case 114-cv-10006-WGY Document 1 Filed 01/02/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Anthony Clark, v. Plaintiff, Living Scriptures, Inc.; and DOES 1-10, inclusive, Defendants.

More information

Biennial Report to Congress

Biennial Report to Congress Biennial Report to Congress Under the Do Not Call Registry Fee Extension Act of 2007 FY 2014 and 2015 Federal Trade Commission December 2015 I. Report Overview Do-Not-Call Registry Fee Extension Act of

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff,

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, Case :-cv-0 Document Filed 0// Page of Page ID #: BENJAMIN C. MIZER Principal Deputy Assistant Attorney General, Civil Division JONATHAN F. OLIN Deputy Assistant Attorney General MICHAEL S. BLUME Director,

More information