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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 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
On February 12, 2024, the New Jersey Senate unanimously passed Senate Bill 1237 (“S1237”). S1237 focuses on telemarketing caller ID requirements. Specifically, it amends Section 10 of P.L.2003, c.76 to mandate that “a...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 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
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
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
The Florida Senate passed HB 761 late yesterday by a 29-10 vote, less than a week after the bill sailed through the Florida House by a 99-14 vote. As we previously reported, passage of this bill paves the way for significant...more
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
On December 6, 2022, New York Governor Kathy Hochul signed legislation intended to crack down on unwanted telemarketing calls. Legislation (S.8450-B/A.8319-C) requires telemarketers to give customers the option to...more
Summary of NY Legis 660 - NY Legis 660 (proposed as AB 8319) is a recently approved amendment to Section 399-z of New York’s General Business Law that will impose additional disclosure requirements that telemarketers must...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
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
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
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
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
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
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
Florida law now provides a private right of action for violations of various telemarketing rules, allows the use of certain automated telemarketing methods with prior express written consent, and imposes certain restrictions...more
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
Israel’s Knesset recently passed an amendment to the Consumer Protection Law. The amendment aims to prevent aggressive telemarketing, particularly for vulnerable groups such as senior citizens and new immigrants....more