Current standards for revocation of consent to remain in place
Source: NAAG Press Release
The National Association of Attorneys General (“NAAG”) sent a letter to the Federal Communications Commission (“FCC”) on behalf of 41 states’ attorneys general commending the FCC for its leadership in combatting robocalls and sharing their commitment to working collaboratively with the FCC via information-sharing agreements. The lead states in this effort are Colorado, Tennessee and North Carolina.
Class action attorneys score a victory
Law360 has published an article authored by advertising partner Scott Shaffer entitled “Charter TCPA Ruling May Benefit Cos. Facing Robocall Claims.” In the article, Mr. Shaffer analyzes a recent ruling, Creasy v. Charter Communications Inc., which held that a significant portion of the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020.
Ruling could have broad implications on thousands of pending cases
A federal district court has ruled that the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020. The trial court in Creasy v. Charter Communications, in the Eastern District of Louisiana on September 28, 2020, dismissed all asserted TCPA violations alleged to have occurred before July 6, 2020 because a portion of the TCPA was unconstitutional until the Supreme Court “fixed” it on that date.
Mortgage-servicing calls will still require prior express consent.
DataGuidance article entitled "FCC 'treading on thin ice' with TCPA Declaratory Ruling," draws directly on quote from Scott Shaffer.
Schools, utilities join debt collectors, health care providers and the Government itself.
But Spokeo does not definitively define what an injury-in-fact is.
Total judgment awarded to cable subscriber is $229,500
Companies that use lead generators must exercise due diligence when they buy lists of phone numbers.
Effective November 12, 2012, sweeping new telemarketing legislation is now in effect in New York.