News & Analysis as of

Robocalling New Legislation

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

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

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

Florida Governor Signs FTSA Amendments Into Law

Yesterday, Florida’s Governor signed HB 761, which makes significant changes to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059)....more

Faegre Drinker Biddle & Reath LLP

Florida Senate Approves House Amendments to mini-TCPA

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

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

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

Hinch Newman LLP

NY Telemarketing Law Requires Immediate Disclosure of DNC Right

Hinch Newman LLP on

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

Shipkevich PLLC

2022 TCPA Recent Recap — Litigation Updates & Regulatory Round Up

Shipkevich PLLC on

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

Brownstein Hyatt Farber Schreck

New Legislation Would Expand the Telephone Consumer Protection Act

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

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

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

Manatt, Phelps & Phillips, LLP

NY State, Federal Legislation Targets Spoofing

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

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

Jones Day

Florida Makes Significant Changes to State Telemarketing Laws

Jones Day on

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

Perkins Coie

What to Expect From Acting Chairwoman Rosenworcel’s FCC

Perkins Coie on

Shortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission (FCC). Acting Chairwoman Rosenworcel is expected to pursue the...more

Harris Beach PLLC

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

Harris Beach PLLC on

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

Eversheds Sutherland (US) LLP

2019 Legislative roundup - Federal TRACED Act and state laws aimed at combating robocalls 

2019 saw an effort by both Congress and various state legislatures to reduce the volume of robocalling and “spoofed” calls. Robocalls are pre-recorded calls placed through automated dialing equipment while spoofed calls...more

Faegre Drinker Biddle & Reath LLP

TRACED Act Creates New FCC Implementation Timelines

As predicted, amendments to the TCPA – in the form of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (the “TRACED Act”) – were signed into law by the President of the United States on...more

Akin Gump Strauss Hauer & Feld LLP

CA Governor Signs Consumer Call Protect Act – TCPA Enforcement Efforts May Follow

On October 2, 2019, California Governor Gavin Newsom signed Senate Bill 208 (“SB 208”), the Consumer Call Protection Act of 2019. The law seeks to protect consumers from fraudulent robocalls. SB 208 adds Section 2893.5 to the...more

Holland & Knight LLP

Pennsylvania Gives Telephone Subscribers New Protections Against Telemarketers/Robocallers

Holland & Knight LLP on

Pennsylvania has enacted House Bill (HB) 318,1 which expands and extends the protections given to Pennsylvania residential and wireless telephone subscribers by the 1996 Telemarketer Registration Act (TRA) in connection with...more

Hogan Lovells

California Enacts Another CCPA – Robocall Legislation

Hogan Lovells on

On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls....more

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