News & Analysis as of

Telephone Sales

Venable LLP

The Power of Customer Calls: Maryland Supreme Court Upholds Public Service Commission's Interpretation of the Maryland Telephone...

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Last month, the Supreme Court of Maryland delivered a pivotal ruling defining the scope of the Maryland Telephone Solicitations Act (MTSA), holding that the act extended to inbound calls initiated by consumers who engaged...more

Womble Bond Dickinson

Amendments and Expansions to Washington State Mini-TCPA

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On April 20, Washington state Governor Jay Inslee signed HB 1051 which amended the state’s Mini-TCPA by expanding the scope, creating a new section, and prescribing increased penalties. The new bill will take effect July 23,...more

Venable LLP

FTSA Dismissal Decisions Update: One Win, One New Loss

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​​​​​​​Last week, courts issued two new Florida Telephone Solicitation Act (FTSA) decisions. We’ve been covering the sprawl of FTSA cases filed since the statute was amended to allow for a private cause of action in July...more

Venable LLP

About That First Florida Telephone Solicitation Act Class Action Settlement…

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The plaintiff in Alvarez v. Sunshine Life & Health Advisors LLC - the first Florida Telephone Solicitation Act (FTSA) action to settle on a class basis - filed his motion for preliminary approval of the settlement. And the...more

Venable LLP

Another Florida Telephone Solicitation Act First - A Class Settlement Is on Its Way

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Everyone remember that Alvarez v. Sunshine Life & Health Advisors LLC putative Florida Telephone Solicitation Act (FTSA) litigation we’ve covered? You know, the one where the plaintiff’s counsel argued that the FTSA extends...more

Brownstein Hyatt Farber Schreck

New FTC Telemarketing Rule Could Affect More Than Just Telemarketers

The Federal Trade Commission (FTC) recently moved forward proposals that could add extensive record-keeping requirements and make other material changes for compliance for impacted businesses and financial services providers...more

Goodwin

Florida’s Telephone Solicitation Act Survives First Constitutional Challenge

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Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more

Venable LLP

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

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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

Venable LLP

First Florida Telephone Solicitation Act Dismissal Decision Issues, and It Has Virtually Nothing to Do with the Statute

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There have been scores of Florida Telephone Solicitation Act (FTSA) class actions filed since July 1, 2021, when the statute was amended to provide for a private right of action; the Florida legislature thinks that number may...more

Venable LLP

Did a Prolific TCPA Plaintiffs’ Attorney Just Argue That the Statute Does Not Regulate Text Messaging? The Hearing Transcript Says...

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For years, the plaintiffs’ bar has been filing Telephone Consumer Protection Act (TCPA) class actions alleging the receipt of unsolicited, autodialed text messages. But the TCPA’s autodialer prohibition explicitly refers to...more

Eversheds Sutherland (US) LLP

Seeking shelter from the (TCPA) storm: statutory safe harbor provides protection

A statutory “safe harbor” within the Telephone Consumer Protection Act (TCPA) may have become a bit safer after a federal court reinforced what defendants must do to secure statutory protection from high-dollar TCPA lawsuits....more

Husch Blackwell LLP

Current Status Of Online Orders In Colorado

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On June 4th, 2021 we provided a brief overview of coming changes in online ordering which was updated on June 14, 2021, “Business as Usual: The June 11, 2021 Expiration of COVID-19 Emergency Rules and the Impact on Colorado...more

Eversheds Sutherland (US) LLP

Who’s calling the Hoosiers? Indiana amends its telephone solicitations law

Insurance companies that do business in Indiana may be concerned that they are now required to register as a telephone solicitor with the Indiana Attorney General’s Office as a result of legislation that went into effect in...more

Payne & Fears

Arizona Employers, What Exactly Does Your Non-Solicitation Agreement Prevent?

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Non-solicitation agreements are commonly used by employers to restrict former employees from soliciting clients following termination of the employment relationship. Courts throughout the country have different takes on the...more

Whitman Legal Solutions, LLC

Identity Theft in Violins and Tax Scams

My violin was made in 1962 by a luthier named Umberto Lanaro, but it bears the label of Eligio Puccini and says it was made in 1947. Lanaro chose in effect to use Puccini’s identity when making my violin, as Lanaro...more

Morrison & Foerster LLP

Joint and Several Liability for Payment Processor That Facilitated Fraud

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On December 13, the Eleventh Circuit Court of Appeals affirmed the decision of the U.S. District Court for the Middle District of Florida finding a credit card payment processor jointly and severally liable, under a theory of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Watch Out! Telephone Scams Targeting Foreign Nationals on the Rise

In recent weeks there has been an increase in telephone scams that are designed to fraudulently elicit money and personal information from foreign nationals. U.S. Citizenship and Immigration Services (USCIS) has warned...more

Bradley Arant Boult Cummings LLP

Nexus Not Established Merely by Sporadic Sales Call

The Administrative Law Division of the Alabama Department of Revenue has ruled that one sales call by a single salesman in a local taxing jurisdiction does not establish nexus with the local jurisdiction for purposes of...more

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