It is no surprise that district courts have held that prescription reminder calls and texts are exempt from the prior express written consent requirement under the Telephone Consumer Protection Act (TCPA). These calls or texts are permitted if placed with the recipient’s prior express consent based on the TCPA’s exemption for “health care” messages as defined in the Health Insurance Portability and Accountability Act (HIPAA).Read More
Our attorneys at Copilevitz & Canter provide up-to-date insight into legal issues involving nonprofits, fundraising, telemarketing and political calling.
As medical experts are bracing for one of the worst flu seasons in history, providers can rest assured that they can continue to remind patients via texts or phone calls to get their annual flu-shot as long as the patient previously gave their phone number to the provider.Read More
The Telephone Consumer Protection Act (“TCPA”) was designed by Congress to stop unsolicited telephone calls and faxes to consumers who did not want them. Akin to a trespassing statute, it allowed consumers to sue when they received unwanted contact via fax or telephone (and later text).
It was not intended to allow a “trespass” case when a host invited guests over to dinner, i.e. Congress did not intend to allow consumers and plaintiffs’ attorneys financial windfalls for invited communications.Read More
Class action lawsuits brought under the Telephone Consumer Protection Act (TCPA) can have serious financial consequences if the class is certified as damages can be up to $1,500 per call. For this reason, if a plaintiff wins a motion for class certification, the case will often settle as the defendant cannot risk a catastrophic financial reward. But occasionally, circumstances arise and the judge can reconsider certification as recently occurred in the Northern District of Illinois.Read More
On August 10, 2017, the U.S. Court of Appeals for the Eleventh Circuit held that the Telephone Consumer Protection Act (TCPA) “permits a consumer to partially revoke her consent to be called by means of an automatic telephone dialing system.” The judge reasoned that, “In law, as in life, consent need not be an all-or-nothing proposition.”Read More
On August 21, 2017, New York amended its telemarketing disclosure law to require prompt disclosure of whether the call is being recorded.
The law, which goes into effect immediately, applies to business to consumer sales calls.Read More
The Telephone Consumer Protection Act (TCPA) prohibits any person from making any call using an automatic telephone dialing system (ATDS) or prerecorded message to any cell phone number or other service for which the called party is charged without the prior express consent of the called party. 47 U.S.C. § 227(b)(1)(A)(iii). For this reason, companies are constantly seeking alternative ways to communicate with consumers.Read More
On June 5, 2017, Judge Sue E. Myerscough awarded the U.S. Department of Justice, the Federal Trade Commission (“FTC”), and the states of California, Illinois, and North Carolina $280 million in damages after concluding Dish Network (“Dish”) was responsible for millions of “do-not-call” violations over years of “careless and reckless conduct.” See https://www.ftc.gov/system/files/documents/cases/dish_ilc_309cv3073_fact.pdf#page=451.Read More
Multiple agencies, rules, exemptions and reversals have caused no end of confusion for some of my clients, and because many of these are known by their acronym, listening to a lawyer or reading an opinion letter can quickly seem like a game of Scrabble™.
In this article, I will attempt to provide definitions for commonly used acronyms, as well as which agencies are responsible for interpretation of which terms in an effort to reduce this confusion (all in a two-page article!)Read More
On March 31, 2017, the D.C. Circuit invalidated the Federal Communications Commission rule that requires businesses to include opt-out notices on solicited fax advertisements. The court ruled that the FCC lacks authority under the Telephone Consumer Protection Act to require disclosures or to regulate communications that were sent with the recipient’s consent.Read More
The Telephone Consumer Protection Act prohibits autodialed or prerecorded “advertisement” or “telemarketing” calls unless made with the prior express written consent of the recipient. But are genuine offers of employment subject to this restriction?Read More
The Federal Communications Commission (“FCC”) will probably soon allow phone companies to block calls from specified caller ID numbers to their customers. Customers also would be allowed to block calls from caller ID number of their own choosing.Read More
On February 17, 2017, a district court in the Eastern District of Missouri ruled that a professional fundraiser violated the Missouri Do-Not-Call Law because it did not purchase and implement the Missouri Do-Not-Call List for calls made on behalf of nonprofits to solicit donations. Mo. ex rel. Koster v. Automated Professional Marketing, et al., No. 15-cv-01621 (E.D. Mo. Feb 17, 2017).Read More
The imminent resignation of Federal Communications Commission (FCC) Democratic Chairman Tom Wheeler on January 20, 2017, has led to speculation on the nomination of his successor and how this will affect the enforcement of the Telephone Consumer Protection Act (TCPA).Read More
I have probably reviewed thousands of outbound calling campaigns in an effort to ensure they comply with federal and state law. I often use just two questions to determine compliance. Now, for a short time only, I’ll give you these two questions FOR FREE!
- Do your calls comply with “do-not-call” list rules?
- For calls to cell phones, do they comply with the Telephone Consumer Protection Act (“TCPA”) “cell phone call ban”?
Imagine you have a beautiful, ripe apple on your desk that you were saving for lunch. You notice a fruit fly approaching it, and before you can swish it away, it eats one tiny bite of the apple. Now if you kill the fruit fly, it will be crushed across your apple, so you let it buzz away. An hour later, it comes back and eats another bite. Again, you do not crush it because the whole apple might be ruined and it does not seem worth the effort. Soon, your apple is ruined, and your office is filled with fruit flies.Read More
The Internal Revenue Service (IRS) recently closed its public comment period regarding a proposed rule that would require new organizations to notify the IRS of their intent to operate as a 501(c)(4) organization within 60 days of formation.Read More
As Telephone Consumer Protection Act (“TCPA”) class actions have exploded in frequency, defendants often claim they were unaware of the restriction or that a number had been reassigned to a new consumer or transferred from landline to cell phone, such that the business could not avoid violating the TCPA.Read More