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Articles by Karen S. Hockstad
More States Adding Tougher Telephone Consumer Protection Act Statutes
Two more states have followed Florida's lead in adopting laws restricting telephone solicitations. Washington State's new law went into effect on June 9, 2022. Oklahoma's Telephone Solicitation Act of 2022 becomes effective November 1, 2022. This means, businesses that make telephone sales calls now must navigate not only the federal statute, but various state laws, some of which are more stringent that their federal counterpart.
Tougher Telephone Consumer Protection Act Statutes Added to More States
Two more states have followed Florida’s lead in adopting laws restricting telephone solicitations. Washington State’s new law went into effect on June 9, 2022. Oklahoma’s Telephone Solicitation Act of 2022 becomes effective November 1, 2022. This means, that businesses that make telephone sales calls now must navigate not only the federal statute, but various state laws, some of which are more stringent than their federal counterpart.
Use of Certain Technologies to Track Web Session Data May Violate Law
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc.
Federal Court Finds Tort Claims Preempted by CERCLA Consent Decree
On May 18, 2022, in York et al. v. Northrop Grumman Corp. Guidance and Electronics Co. Inc. et al., No. 21-cv-03251 (W.D. Mo.), a federal district court dismissed state-law tort claims for alleged groundwater contamination, finding that they were preempted by an existing Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree. The court rejected the plaintiffs’ argument that two CERCLA “savings clauses” allow their claims to proceed.
Eighth Circuit Finds Text Messaging System did not Violate Telephone Consumer Protection Act
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Eighth Circuit Finds Text Messaging System Did Not Violate Telephone Consumer Protection Act
United States: Eighth Circuit Finds Text Messaging System Did Not Violate Telephone Consumer Protection Act 12 April 2022 Dinsmore & Shohl Recently, in Beal v. Outfield Brew House, LLC, 2022 U.S. App. LEXIS 7748 (8th Cir. Mar.
Ripple Effects of Supreme Court’s TCPA Decision
June 22, 2021 CFPB to Resume Examinations Under the Military Lending Act by: Moorari Shah and A.J. S. Dhaliwal EPA Seeks Comment on TRI Website by: Lynn L. Bergeson and Carla N. Hutton Form I-9 Remote Inspection Flexibility Ends August 31, 2021 by: Elizabeth Baker and Jessica Pask US Embassy in Ho Chi Minh City Temporarily Suspends Processing by: Kate Kalmykov Unicolours v. H&M: Copyright Registration Validity by: Susan M. Kayser EU Data Protection Regulators Adopt Guidance on Personal Data...
Calls by Health Care Providers Regarding COVID-19 Do NOT Require Prior Express Consent
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FCC Establishes Reassigned Phone Number Database
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Strategies In TCPA Defense Post ACA International
In 2015, the Federal Communications Commission expanded the reach of the Telephone Consumer Protection Act (TCPA) in several respects. Petitioners appealed Declaratory Ruling 15-72 challenging four findings that turned TCPA law on its head. On March 16, 2018, the DC Circuit issued a decision on that petition in ACA International v. FCC, et. al, setting aside two major FCC rulings and upholding two others.
D.C. Circuit Court Strikes Down FCC’s Solicited Fax Rule
On March 31, 2017, the D.C. Circuit struck down the FCC’s Solicited Fax Rule in Bais Yaakov of Spring Valley, et. al. v. Federal Communications Commission (Case No. 14-1234). This is a significant decision that will limit the spate of class action suits brought pursuant to the Telephone Consumer Protection Act (TCPA) and, more specifically, the Junk Fax Prevention Act of 2005 (JFPA), 47 U.S.C. 227, et. seq. The JFPA bans most unsolicited fax advertisements.
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