Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing

REMINDER: Connecticut’s New Telemarketing Law Takes Effect OCTOBER 1ST, 2023!

As readers of this blog will recall, Connecticut Governor, Ned Lamont, signed SB1058 into law on June 26, 2023, which both added to, and amended, Connecticut’s telemarketing law. Most notably, beginning on October 1, 2023, Connecticut now allows for up to $20,000 per violation of its strict telemarketing regulations.  

Key Points to Remember About Connecticut’s Telemarketing Law

Within the first ten seconds of all telemarketing calls to Connecticut State residents (and area codes), the caller must identify his/her “identity, the purpose of such telephonic sales calls and the identity of the entity for which such person is making such telephonic sales call.” In addition, at the outset of all marketing calls, the telemarketer must ask “whether such consumer wishes to continue such telephonic sales call, end such telephone sales call or be removed from such person’s list.”

Businesses engaged in any kind of telemarketing should also be aware of the fact that Connecticut’s telemarketing law is more inclusive than many other states’ laws. For example, Connecticut’s amended law encompasses all telemarking sales calls, even those made without the use of an autodialer. 

Please note, however, that there is no private right of action available under SB1058. For more details on the Connecticut telemarketing law, click here.

Beware of Potential Violations

Connecticut is one of several states to have recently revised its laws to further restrict telemarketing activities in its jurisdiction. For example, as of September 13, 2023, New York also allows for a penalty of up to $20,000 per violation. 

As numerous states continue to amend their respective telemarketing laws, the marketing industry is reminded to employ attorneys who can ensure that they are not on the receiving end of a $20,000 fine, per violation. 

If you require assistance with telemarketing law compliance or related litigation defense, please email us at info@kleinmoynihan.com or call us at (212) 246-0900.

The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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Changes Coming to New York Telemarketing Law

Oklahoma’s New Telemarketing Law Goes into Effect, Joining Other States with Mini-TCPAs 

New Jersey’s New Telemarketing Law

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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