The imminent resignation of Federal Communications Commission (FCC) Democratic Chairman Tom Wheeler on January 20, 2017, has led to speculation on the nomination of his successor and how this will affect the enforcement of the Telephone Consumer Protection Act (TCPA).Read More
Our attorneys at Copilevitz, Lam & Raney provide up-to-date insight into legal issues involving nonprofits, fundraising, telemarketing and political calling.
I have probably reviewed thousands of outbound calling campaigns in an effort to ensure they comply with federal and state law. I often use just two questions to determine compliance. Now, for a short time only, I’ll give you these two questions FOR FREE!
- Do your calls comply with “do-not-call” list rules?
- For calls to cell phones, do they comply with the Telephone Consumer Protection Act (“TCPA”) “cell phone call ban”?
Imagine you have a beautiful, ripe apple on your desk that you were saving for lunch. You notice a fruit fly approaching it, and before you can swish it away, it eats one tiny bite of the apple. Now if you kill the fruit fly, it will be crushed across your apple, so you let it buzz away. An hour later, it comes back and eats another bite. Again, you do not crush it because the whole apple might be ruined and it does not seem worth the effort. Soon, your apple is ruined, and your office is filled with fruit flies.Read More
The Internal Revenue Service (IRS) recently closed its public comment period regarding a proposed rule that would require new organizations to notify the IRS of their intent to operate as a 501(c)(4) organization within 60 days of formation.Read More
As Telephone Consumer Protection Act (“TCPA”) class actions have exploded in frequency, defendants often claim they were unaware of the restriction or that a number had been reassigned to a new consumer or transferred from landline to cell phone, such that the business could not avoid violating the TCPA.Read More
When plaintiffs file class action lawsuits under the Telephone Consumer Protection Act (TCPA), they often challenge the definition of an “automatic telephone dialing system” (ATDS), i.e. an autodialer, as the TCPA prohibits calls to cell phones using an ATDS without the prior express consent of the called party.Read More
Spring is not only the ideal time to organize your life, but it is also a good time to review your do-not-call list compliance procedures. It is particularly important this year as State Attorneys General are ramping up their efforts to enforce not only the federal do-not-call list, but their state specific do-not-call lists.Read More
Telephone Consumer Protection Act (“TCPA”) class actions are out of control, and many legitimate businesses are facing multi-million dollar lawsuits based on bizarre Federal Communications Commission (“FCC”) rulings which have no relation at all to any consumer harm.Read More
Telephone Consumer Protection Act (“TCPA”) class actions are a favorite among plaintiffs’ attorneys as the statute provides up to $1,500 per violation which can easily add up to millions of dollars in damages.Read More
I, for one, will miss Justice Scalia and treasure my memories of him. No doubt many of my readers know I had the great privilege of representing the nonprofit industry before the United States Supreme Court in a case argued March 23, 1988 and decided on June 29, 1988.Read More
Before a phone number can be assigned and given to a consumer, telephone carriers test the number to see if it receives a large amount of phone calls. Because consumers do not want a new phone number that receives numerous unsolicited calls, the numbers receiving large amounts of calls are taken off the market and deemed “dirty” or “abandoned.”Read More
Effective February 12, 2016, the Telemarketing Sales Rule (“TSR”) will be amended to specify that it exempts calls received on business lines only if the purpose of the call is a sale to the business or to solicit a charitable contribution from the business.Read More
Telemarketers may need to reevaluate the forms of payment they accept in light of the recent amendments to the Telemarketing Sales Rule (“TSR”). Effective June 13, 2016, the TSR will prohibit remotely created payment orders, remotely created checks, cash-to-cash money transfers, and cash reload mechanisms in all inbound and outbound telemarketing transactions.Read More
Traditionally, the mantra of board service is to provide one or more of the following: time, talent and treasure. In reality, good boards are challenged to do more. The proper role of a board is to provide oversight and leadership in identifying how the organization pursues its mission.Read More
As part of the Bipartisan Budget Act of 2015 passed on November 2, 2015, Congress created an exemption to the Telephone Consumer Protection Act (“TCPA”) restrictions and now permits prerecorded and automatic telephone dialing system (“ATDS”) calls to cell phones without any consent if the calls are made solely to collect a debt owed to or guaranteed by the United States.Read More
Both the Federal Communications Commission (“FCC”) and the Federal Trade Commission (“FTC”) have been very specific about what constitutes “prior express consent” for sales calls under the Telemarketing Sales Rule (“TSR”) and the Telephone Consumer Protection Act (“TCPA”). The “consent” must contain certain elements, and if the form used by the lead generator does not contain those elements, the resulting information is not, legally, “prior express consent.”Read More
Despite verifying telephone ownership, checking for reassigned numbers, and obtaining the prior express consent, businesses may still face liability under the Telephone Consumer Protection Act (“TCPA”) for prerecorded calls if a regular user of a number answers the phone, according to a case in the Third Circuit.Read More