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Telephone Consumer Protection Act New Legislation

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Faegre Drinker Biddle & Reath LLP

FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity

At a Glance - - HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. - HB 761 also stated that it should be applied retroactively to...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's February 2024 Round-up

The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more

Bradley Arant Boult Cummings LLP

Upholding the FTSA Amendment: Recent Legal Triumphs and Implications for the Future of Florida’s Mini-TCPA

The Florida Telephone Solicitation Act (FTSA), effective July 1, 2021, has undergone significant amendments as of May 25, 2023, reshaping the legal landscape for businesses in Florida. Initially, the FTSA created a private...more

Venable LLP

Maryland Rings in the New Year with an Expanded Telemarketing Law

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Telemarketers celebrating the new year should be aware of Maryland’s new telemarketing law, Stop the Spam Calls Act, which took effect January 1, 2024. Like the federal Telephone Consumer Protection Act (TCPA), Maryland now...more

Balch & Bingham LLP

AI Conversation and Activity Hit a Feverish Pitch – A November Recap

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November has been a busy month in artificial intelligence on the international, federal, and state levels. The last several weeks have seen what is probably an unprecedented amount of activity regarding artificial...more

Eversheds Sutherland (US) LLP

Mini in name only: state “Mini-TCPAs” carry a big bite and present potential oversized risks

The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more

Manatt, Phelps & Phillips, LLP

Connecticut Senate Bill 1058

The state telemarketing law amendment trend continues. On June 26, 2023, Connecticut Governor Ned Lamont signed S.B. 1058 into law. Connecticut General Assembly, Substitute for Raised S.B. No. 1058. This bill makes important...more

Moritt Hock & Hamroff LLP

Amendments To Florida Mini-TCPA May Curb Lawsuits

On May 25, 2023, Governor Ron DeSantis signed Florida House Bill 761, which made significant changes to the Florida Telephone Solicitation Act (“FTSA”)(Fla. Stat. § 501.059). The amendments became effective immediately and...more

Womble Bond Dickinson

Mini-TCPA Updates

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May was a big month for State Mini-TCPA statutes. Florida passed an amendment to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059 (“FTSA”), New Jersey amended its telemarketing law with Bill S921 (“Seinfeld...more

Bilzin Sumberg

Florida Legislature Rolls Back Mini-TCPA While Florida Courts Make TCPA Claims Harder to File

Bilzin Sumberg on

May was a difficult month for plaintiffs and potential plaintiffs with alleged Telephone Consumer Privacy Act and Florida Telephone Solicitation Act (“FTSA,” aka Florida’s “Mini-TCPA”) claims in Florida. First, the...more

Faegre Drinker Biddle & Reath LLP

Legislature Poised to Overhaul Florida’s mini-TCPA

The Florida Legislature is moving quickly to pass significant remedial amendments to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) before the end of the legislative session this Friday. Should the...more

Goodwin

Mini-TCPA Laws You Should Know and That May Be Coming Soon in 2023

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In April 2021, the US Supreme Court issued its decision in Facebook v. Duguid narrowly construing the Telephone Consumer Protection Act’s (TCPA) “automatic telephone dialing system” definition. In so doing, the Supreme Court...more

Eversheds Sutherland (US) LLP

Newly enacted state mini-TCPAs expand the definition of auto-dialer

In early 2021, the United States Supreme Court issued its ruling in Facebook v. Duguid, 141 S. Ct. 1163 (2021), which significantly narrowed the definition of an automatic telephone dialing system (ATDS or auto-dialer) under...more

Shipkevich PLLC

2022 TCPA Recent Recap — Litigation Updates & Regulatory Round Up

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September 2022 Action Clarifies Only Random Calls Trigger TCPA Violations — Not Mere Use of An Autodialer - Mehl v. Green, et al. 2022 WL 4056269 (E.D. Cal. Sept. 2, 2022) - A law firm was recently sued after one of its...more

Shipkevich PLLC

An Overview of Florida's TCPA Laws

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Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA). This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA...more

Benesch

New Oklahoma “Mini-TCPA” Law Set to Go Into Effect in November

Benesch on

Oklahoma’s House Bill No. 3168 was signed into law on May 20, 2022, prohibiting the use of an “automated system” to make a “commercial telephonic sales call” without the “prior express written consent” of the “called party.”...more

Manatt, Phelps & Phillips, LLP

What You Need to Know About Washington’s and Oklahoma’s New Mini-TCPA Laws

Washington - A new quasi-mini Telephone Consumer Protection Act (TCPA) bill has passed in Washington state and will go into effect on June 9, 2022. The new law is more limited than the Florida version but there are a few...more

Venable LLP

New Oklahoma Telephone Solicitation Act Is Not OK - But It Does Contain an Important Exemption

Venable LLP on

Late last week, Oklahoma Governor Kevin Stitt signed the state’s Telephone Solicitation Act of 2022 (OTSA) into law. A couple of months ago, as the legislation was working its way through the Oklahoma state legislature,...more

Manatt, Phelps & Phillips, LLP

State Telemarketing Laws Popping Up Around the Country

Florida’s passage of a Telephone Consumer Protection Act (TCPA) state law analogue appears to have started a trend, with similar bills introduced in Georgia, Oklahoma and Washington. In 2021, Florida enacted a new law...more

Holland & Knight LLP

Florida's New Mini-TCPA: What You Need to Know

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Florida's Senate Bill 1120 became effective on July 1, 2021, and has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227., et. seq. The statute, referred to as Florida's "Mini-TCPA,"...more

Manatt, Phelps & Phillips, LLP

Amendments to Florida Statutes Impose More Stringent Requirements for Telemarketing Activity

On June 29, 2021, Florida Governor Ron DeSantis signed CS for SB 1120 into law, which amends and significantly expands Florida’s existing telemarketing laws. Specifically, the law amends both the Florida Do Not Call Act and...more

Foley & Lardner LLP

Florida Telemarketing Alert: Florida Likely Has Adopted Strict Rules on Marketing Phone Calls, Text Messages, and Voicemails

Foley & Lardner LLP on

On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by...more

Eversheds Sutherland (US) LLP

NY’s Nuisance Call Act goes into effect; NY state of emergency prompts further marketing call restrictions

New York’s Nuisance Call Act (NYNC Act), signed into law in December 2019 and effective as of March 1, 2020, amends New York’s telemarketing law (specifically, N.Y. Gen. Bus. Law § 399-z) by requiring live voice outbound...more

Harris Beach PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

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The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

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