We aim to highlight the importance of due diligence in lead campaigns and to keep our customers and industry associates up-to-date with the compliance news reported from our industry. These articles are reprinted here for our readers, courtesy of TCPA World, and Mac Murray and Shuster LLP.
Iowa Becomes Sixth State to Enact Privacy Law
On March 28, 2023, Iowa Governor Kim Reynolds signed Senate File 262 (“Iowa Privacy Act”) into law, making Iowa the sixth state to enact a comprehensive privacy law, and the first state to do so in 2023.
It’s Official: FCC Files Final Rule on DNO SMS Blocking – May 11, 2023 Effective Date
In February and March, the FCC introduced and passed a new rule requiring carriers to block texts using a do-not-originate list designed to prevent messages that are highly likely to be fraudulent.
The final procedural requirements to finalize the rule cleared today, meaning that the CFR will be updated effective May 11, 2023.
FTC Fighting Back on Overseas Robocalls: Project Point of No Entry is the FTC’s latest effort to mitigate scam calls flooding the US.
The FTC stepped up its approach to shutting down the illegal calls that flood in from overseas. Just this week the FTC announced Project Point of No Entry (PoNE) charging the VoIP providers that are used as “point of entry” or “gateway” with eliminating the bad actors’ abilities to deliver calls to consumers in the US.
How does the FTC’s Project PoNE take action?
- Identifies point of entry VoIP service providers that are routing or transmitting illegal call traffic,
- Demands they stop doing so and warns their conduct may violate the Telemarketing Sales Rule, and then
- Monitors them to pursue recalcitrant providers, including by opening law enforcement investigations and filing lawsuits when appropriate.
WOW!: Amendment to Gut FTSA Passes Florida House—Bill Sent to Senate for Final Vote
In a remarkable turn of events, the Florida House has now adopted proposed amendments originating from a Florida senate subcommittee that would drastically alter the FTSA [also known as the Florida “Mini-TCPA”] and undercut current FTSA cases.
Specifically, the amendments would:
- Restrict the autodialer provision to only “unsolicited” calls;
- Redefine autodialer to include only systems that BOTH automatically select AND dial numbers;
- Require a Plaintiff to give 15 days notice and an opportunity to cure calling before commencing suit; and
- Apply RETROACTIVELY to any FTSA suit that is a putative class action that had not already been certified.
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