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Telemarketing Law

Virginia’s Amended Telemarketing Regulations Go into Effect on July 1

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On April 2, 2020, Virginia Governor Ralph Northam signed a bill into law that amends the State’s Telephone Privacy Protection Act (the “Act”). The amendments to Virginia’s telemarketing regulations are intended to curb caller ID spoofing and broaden the definition of what a “telephone solicitation call” is within the meaning of the statute. Additionally, the amendments increase the amount that private individuals and the Attorney General can, respectively, seek in damages and penalties. 

How will the amendments affect telephone solicitations?

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Court Finds Fax Survey is TCPA Advertisement

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The United States Court of Appeals for the Third Circuit recently upended the legal landscape governing fax marketing by issuing a decision which held that a market research-related fax survey is an advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”).

What are the implications of the Third Circuit’s fax survey decision?

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Defending TCPA Litigation

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Telemarketing and text message marketing can serve as an effective and economical means to engage with prospective and current customers.  However, lawsuits alleging violation of the main federal statute governing these forms of marketing, the Telephone Consumer Protection Act (“TCPA”), have exploded in recent years. The financial exposure associated with TCPA litigation can be substantial.  Against this backdrop, the most sound advice that any experienced telemarketing attorney can provide to a business that plans to market through use of these media is to stress the importance of developing practices and procedures designed to: (i) minimize the risk that such a lawsuit gets filed in the first place; and (ii) maintain proper records that will ensure an effective defense in the event that a suit does get filed.  

What are some key TCPA litigation defenses?

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TCPA Suit Stayed Pending Decision by United States Supreme Court

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A district court for Maryland recently issued a stay in a class action lawsuit involving alleged violations of the Telephone Consumer Protection Act (“TCPA”) in anticipation of a decision from the United States Supreme Court in Barr v. American Association of Political Consultants, Inc.. The pending ruling in that case, which concerns a challenge to the constitutionality of the statute’s government-debt exception to the robocalling prohibitions, continues to have ripple effects on TCPA suits nationwide. 

How does the anticipated Supreme Court ruling affect this TCPA suit?

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Second Circuit Decision Deepens TCPA Law Split

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The United States Court of Appeals for the Second Circuit recently issued a decision with far reaching Telephone Consumer Protection Act (“TCPA”) implications. Specifically, the Second Circuit’s decision interpreting what constitutes an automatic telephone dialing system (“ATDS”) for TCPA law purposes bucks a recent trend that had narrowed the scope of equipment that courts deem to be an ATDS. 

For what reason did the Second Circuit broaden the definition of ATDS for TCPA law purposes?

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Appeals Court Clarifies TCPA Fax Law

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The United States Court of Appeals for the Third Circuit recently issued a ruling on the issue of whether faxes sent on behalf of Cephalon, Inc. (“Cephalon”) were transmitted in violation of the Telephone Consumer Protection Act (“TCPA”).  The TCPA fax decision focuses on: 1) whether the faxes were unsolicited; and 2) even if they were solicited, whether Cephalon nevertheless violated the statute by failing to include required opt-out language in its advertisements. 

How did the Court resolve these TCPA fax law issues?

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Telemarketing in a State of Emergency

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Within a few short weeks, Covid-19 (“Covid-19”), the disease caused by the novel coronavirus SARS-CoV-2, has affected nearly all aspects of life in America. The United States has declared a state of emergency, and multiple states of the Union have followed suit. In addition to Covid-19’s pervasive effects on business, companies engaged in telemarketing also need to be concerned with special restrictions that they may face in jurisdictions that have declared states of emergency. 

What is Prohibited During a State of Emergency?

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Understanding Telemarketing Law

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What is Telemarketing Law?

Understanding the complexities of telemarketing law is challenging. Under federal law, telemarketing is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(12). The Federal Communications Commission (“FCC”) has deemed informational calls and messages, as well as calls and messages for non-commercial purposes, exempt from most telemarketing regulations. Complying with state and federal telemarketing law requires constant attention to the evolving regulatory and litigation landscape.

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