Text Messaging Lessons from the Clover TCPA Settlement
CompliancePoint » TCPA
by Kevin Mayfield
6d ago
Clover Network LLC, the maker of a point-of-sale platform, agreed to pay up to $15,000,000 into a settlement fund for a TCPA class action lawsuit. A Florida plaintiff filed the lawsuit, making the following allegations against Clover: Clover bombarded him with telemarketing text messages throughout 2022 Texting the plaintiff without express consent The plaintiff had no existing business relationship with Clover Texting the plaintiff’s number that was on the national Do-not-call registry Clover agreed to pay $60 to each Settlement Class Member as part of the Bobo v Clover Network settlement ..read more
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Important Considerations for Pending Consent Revocation Rules
CompliancePoint » TCPA
by Tony Jarnigan
2w ago
The Federal Communications Commission (FCC) adopted new rules this past February aimed at strengthening consumers’ ability to revoke consent for receiving calls and texts. Technically, these rules will only apply to automated calls and texts, or those using an ATDS (Automatic Telephone Dialing System). Such platforms are probably few and far between, given the SCOTUS’ narrow definition in Facebook, Inc v. Duguid, but CompliancePoint recommends businesses comply with these rules even if their platform may not be deemed to be an ATDS under the TCPA (Telephone Consumer Protection Act), for a numb ..read more
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Realtor’s Guide to Telemarketing Compliance
CompliancePoint » TCPA
by Megan Sievers
1M ago
In 2023, Keller Williams Realty paid a $40 million settlement for Telephone Consumer Protection Act (TCPA) violations, which included calling numbers on the National Do Not Call Registry and unsolicited robocalls. In April 2024, the real estate giant was hit with another class action lawsuit for alleged TCPA violations. Many Realtors do not realize they are “telemarketing” when they call expired listings, referrals, and even former clients of the agency. These lawsuits demonstrate that real estate agents need to know the requirements of the TCPA and other telemarketing regulations. Below is a ..read more
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FCC Cracks Down on AI-generated Voices in Robocalls
CompliancePoint » TCPA
by Kevin Mayfield
4M ago
The Federal Communications Commission (FCC) took action to stop the use of AI-generated voices in unsolicited robocalls. The Commission voted unanimously to recognize AI-generated voices as “artificial” under the Telephone Consumer Protection Act (TCPA). The ruling makes voice cloning technology used in robocalls targeting consumers illegal effective immediately. Along with fines from the FCC, the new rule allows the FCC to order telephone carriers not to facilitate these types of robocalls and gives consumers the right to file lawsuits against violators. The FCC’s decision addresses growing c ..read more
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Court Rules Against ‘Professional Plaintiff’ in TCPA Case
CompliancePoint » TCPA
by Kevin Mayfield
10M ago
The Ninth Circuit Court of Appeals ruled in favor of lead generation company Leadpoint, Inc, and mortgage lender Reliance First Capital LLC in a Telephone Consumer Protection Act (TCPA) case. The plaintiff, described as a frequent TCPA litigant (aka “professional plaintiff”) in the court’s ruling, sued the companies claiming they violated the TCPA by sending him unsolicited text messages after he asked them not to contact him. The court ruled that the plaintiff did not have a cause of action under the TCPA because the number that received the messages is not a residential phone number under th ..read more
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Managing Internal DNC List Challenges and Regulatory Changes
CompliancePoint » TCPA
by Ryan Chmelir
1y ago
Managing and correctly suppressing against an internal Do Not Call (DNC) list is more than best practice; it’s critical to managing risk within telemarketing. Missteps in honoring company-specific DNC requests can result in significant legal risk and damage to a company’s reputation. As the “ATDS to wireless calling” has become a more difficult argument in the courts, we’ve seen professional litigator-types switch gears and have begun going after companies for DNC-related violations. Currently, businesses are granted a grace period of up to 30 days to honor DNC requests, while encouraged to co ..read more
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Maryland “Mini-TCPA” Approved
CompliancePoint » TCPA
by Tony Jarnigan
1y ago
On May 3, 2023, Governor Wes Moore approved the Maryland “mini-TCPA” (Stop the Spam Calls Act of 2023). Like its mini-TCPA predecessors in Florida* and Oklahoma, the bill goes beyond the federal Telephone Consumer Protection Act (TCPA) by: Prohibiting telephone solicitations that involve an automated system for the selection OR dialing of telephone numbers, to both cells and landlines, without prior express written consent Restricting calls to between 8:00 am and 8:00 pm Limiting calls to three within 24 hours on the same subject matter Including the rebuttable presumption that a solicitation ..read more
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The Changing Legal Telemarketing Landscape 2023: Wrapping Up Quarter 1
CompliancePoint » TCPA
by Ryan Chmelir
1y ago
As we move through 2023, there have been several changes to the telemarketing landscape, ranging from proposed rule changes to enforcement actions. The beginning of the year saw several court decisions and proposals affecting telemarketing in the United States. Here are some of the key developments: FTC Adjusts Civil Penalty Amounts for Inflation Beginning January 11th, 2023, the FTC has raised the maximum civil penalty it may impose from $46,517 to $50,120 per violation. This includes civil penalties imposed under the FTC’s Telemarketing Sales Rule as well as violations under the CAN-SPAM Act ..read more
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Lead Generators in the FCC’s Crosshairs
CompliancePoint » TCPA
by Katie Trial
1y ago
On February 23, 2023, the FCC released the public draft of the Report and Order and Further Notice of Proposed Rulemaking- CG Docket Nos. 21-402 and 02-278 (download pdf) which will be considered at the March 2023 Open Commission Meeting. Report and Order Regarding the Report and Order, the FCC is requiring all mobile wireless providers to take action to protect consumers from unwanted and illegal text messages, so consumers have at least one basic level of protection. This means that mobile wireless providers will be required to block texts that appear to be from numbers that are on a reasona ..read more
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FCC Continues Fight Against Spam and Scam Texts
CompliancePoint » TCPA
by Katie Trial
1y ago
On September 27, 2022, the Federal Communications Commission (FCC) voted to adopt the New Notice of Proposed Rulemaking (NPRM) to Fight Scam and Spam Text Messages with Network-Level Blocking & Sender ID Authentication. The FCC summarized in the following proposal in the NPRM, in which they propose: To require mobile wireless providers to block illegal text messages, building on ongoing work to stop illegal and unwanted robocalls To require mobile wireless providers to block texts, at the network level, that purport to be from invalid, unallocated, or unused numbers, and numbers on a Do-N ..read more
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