DNC REGULATORY INFORMATION | |
A
Monthly Review of Issues Affecting Commercial Telemarketing by Copilevitz
& Canter, LLC, Attorneys at Law
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August, 2004 CELL
PHONE SPAM FCC The FCC has also published details of its database for wireless "ported" numbers. Under the TCPA, you are banned from calling wireless numbers using a predictive dialer without express consent. FTC We recently filed our final brief in an appeal to challenges to the Telemarketing Sales Rule. Oral argument will now be scheduled in the Fourth Circuit in Baltimore, Maryland. IN-HOUSE
"DO-NOT-CALL" LISTS TCPA A U.S. Court has ruled that a TCPA class action should remain in federal court on diversity jurisdiction. This ruling is surprising as most courts have ruled these cases are to be heard exclusively in state court. A New York court has rejected a plaintiff's attorney's request to withdraw a summary judgment he won under the TCPA to convert the action to a class action. The judge found the attorney had no motive other than profit for such a strategy and ordered him to pay the defendant's attorneys' fees. I recently have learned of instances of caller ID "spoofing" where some unknown party has appended a telemarketer's Caller ID information to an illegal recorded telephone call sent to notorious TCPA plaintiffs. While it does not appear that the plaintiff falsified the call, some third party has created this issue in a fraudulent fashion. Please contact me if you have had a similar experience. I'm told that Caller ID can be easily falsified, and am prepared to vigorously pursue fraud remedies against this third party. CALIFORNIA California has also recently implemented new laws on internet and financial privacy. You should review these laws if you gather information about consumers on your website or work for financial institutions. FLORIDA Florida has also obtained order against another long-distance company ordering refunds to consumers for wrongful billings. Florida also continues to file suits against telemarketers for alleged violations of its state "do-not-call" lists and state telemarketing law. ILLINOIS LOUISIANA NEW
YORK NORTH
CAROLINA North Carolina has amended its bill regarding off-shore financial information and disclosure of call center location requirements. The amended bill has been sent to the governor for signature, but no longer contains the off-shore restrictions. North Carolina has become more aggressive with regard to lawsuits based on consumer "do-not-call" complaints. Complaints are often assumed to be true by regulators, so you should keep good records proving compliance to rebut these allegations if untrue. WISCONSIN
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The authors make every attempt to provide current, accurate information, but Telemarketing ConnectionS® is not intended to be a substitute for legal counsel, and readers should not use it in lieu of obtaining knowledgeable legal, or other professional, counsel expert in the field of commercial telemarketing law. References in Telemarketing ConnectionS® do not constitute endorsement by Copilevitz & Canter, L.L.C. or Telemarketing ConnectionS®. August 1, 2004, Copilevitz & Canter, L.L.C. | |
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