Terminix TCPA Class Action

Pest control company Terminix allegedly made hundreds of thousands of unsolicited calls using an Automatic Telephone Dialing System (ATDS) and prerecorded voice messages between 2012 and 2017. Terminix is one of the country's largest pest control companies and operates in 47 states. The plaintiffs in the case alleged that even after they opted out of the unsolicited calls, Terminix continued to contact them on their cell phones. Telemarketing businesses should understand cell phone telemarketing laws and Do-not-call regulations.  Learn more about this class action lawsuit here, and click here to view the original complaint and other case documents. Contact a TCPA Defense Attorney and learn more about telemarketing compliance so that you can avoid lawsuits like this.

CFPB Takes Action Against Document Preparation Company

The Consumer Financial Protection Bureau (CFPB) has taken action against two debt relief and document preparation companies: Federal Debt Assistance Association, LLC and Financial Document Assistance Administration, Inc. The CFPB alleges that the companies made "false claims of government affiliation" and "misled consumers about the results that could be achieved under the FDCPA’s debt-verification process." This should serve as a good reminder to direct marketing companies about the importance of never leading a consumer to believe that your company has any official government affiliation. Additionally, be sure to never misrepresent what your products or services can actually achieve for a consumer. A copy of the CFPB's complaint can be found here. To avoid violating specific telemarketing rules, contact a telemarketing attorney.

Mississippi Regulator Wants to Make it Easier to Sue Telemarketers

While consumers can currently sue telemarketers in federal court under the TCPA's private right of action provision, the ability to sue in state court varies from state to state. Mississippi regulator Brandon Presley said he “wants to scare the britches” off telemarketing companies by "allowing Mississippians to personally sue them." This proposal will likely be a part of Mississippi's 2018 legislative session. Read a local news story about the proposal here. Telemarketers should understand state by state telemarketing license requirements and telemarketing bond requirements.