DNC REGULATORY INFORMATION | |
A
Monthly Review of Issues Affecting Commercial Telemarketing by Copilevitz
& Canter, LLC, Attorneys at Law
|
|
October, 2004 NATIONAL
ASSOCIATION OF ATTORNEYS GENERAL TCPA A court in Illinois has remanded a case from federal court to state court because the TCPA reads that these cases are to be filed exclusively in state court. A Texas court has ruled that the TCPA applies to intrastate facsimile ads. Given the FTCs jurisdiction over intra and interstate activities, the argument that the TCPA does not apply to interstate calls is not a good one. ALABAMA CALIFORNIA A cable network executive was charged with criminal wiretapping for eavesdropping on conference calls at a former employer. The executive sent information regarding the conference calls to newspapers and other media outlets. Despite the fact that almost every telemarketing business is substantially concerned with compliance with the call monitoring laws, cases like this are extremely rare. This is likely a compliment to the compliance procedures of the vast majority of companies in the industry. California has passed a law which requires that telemarketers obtain an opt-in disclosure before placing calls or text message to mobile phone numbers. The law also requires that telephone directories obtain express consent from mobile phones prior to listing those telephone numbers. This law is consistent with the federal TCPA Regulations on this topic. FLORIDA ILLINOIS INDIANA MARYLAND MISSOURI Missouri has settled allegations of violation of the state do-not-call list with a sports picking agency. The settlement involves payment of $15,000. Missouri has obtained a preliminary injunction against a seller of travel alleging that the entity made false promises and used deception to sell travel club memberships. NEW
YORK New York has adopted a law providing for $500,000 in state funding to operate its state do-not-call list. OREGON TENNESSEE TEXAS
|
|
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®. October 1, 2004, Copilevitz & Canter, L.L.C. | |
|
||||||
This Site is designed for
use with Microsoft Internet Explorer 6 and Netscape 7 and higher versions.
A Broadband Internet Connection is recommended for uploading and downloading files. SCRUB YOUR LIST | ACCOUNT LOGIN | SIGN UP NOW | VIEW/DOWNLOAD LISTS | PRICE SCHEDULE HOME | TAKE A TOUR | DNC LAWS | ABOUT US | CONTACT | FAQ's | SITE MAP |