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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
The Kingdom of Saudi Arabia (KSA or Kingdom) is a sovereign state located in the Middle East between the Red Sea and the Arabian Gulf (sometimes referred to as the Persian Gulf) and is one of the member states of the Gulf...more
New Legislation Related to Local Government - In Part Five of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to local government. Below we provide...more
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
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
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
1. FEDERAL COURT OF JUSTICE RULES ON ASSIGNMENT CLAUSE IN T&CS FOR CAR FINANCING - In April 2023, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) ruled that an assignment clause used by a German captive bank...more
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
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
In July, 2021, the Florida Telephone Solicitation Act, F.S.A. § 501.059 (“FTSA”), was amended to create a private right of action for those receiving marketing calls and text messages, giving rise to an onslaught of...more
Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now....more
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
Currently, the California Corporations Code prohibits a California corporation from conducting a meeting of shareholders solely by electronic transmission by and to the corporation, electronic video screen communication,...more
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
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
Several Democratic members of the U.S. House of Representatives, including the chairman of the House Oversight and Reform Subcommittee on Economic and Consumer Policy, recently introduced the Robotext Scam Prevention Act (HR...more
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
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
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
On November 8, New York Governor Kathy Hochul signed two bills: SB 6267/AB 268, which requires telecommunications providers to block certain numbers, and SB 4281/AB 585a, mandating that voice services providers implement the...more
On November 8, 2021, New York Governor Kathy Hochul signed a bill into law (the “Law”) that will require employers to provide written notice to employees before engaging in electronic monitoring of telephone, email, and...more
The first lawsuits have already been filed pursuant to Florida’s recently amended telemarketing laws, which were updated as of July 1 to provide for expanded liability. ...more
Port districts in Washington now have broad authority to extend broadband into unserved areas. ESHB 1336 amends RCW 53.08.370 to grant ports broad authority to provide wholesale and retail telecommunication services within...more
This week, Governor Andrew Cuomo signed legislation that added text messaging to the state of New York’s definition of telemarketing communication for purposes of its no-call registry. The legislation, S.3941/A.6040, closes...more
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