Dismissal of Opt-Out Related TCPA Case Upheld by Ninth Circuit

In Epps v. Earth Fare, Inc., Plaintiff Jalen Epps alleged that Earth Fare Inc. had sent her numerous marketing text messages after she had opt-ed out of receiving further messages. The District Court had dismissed the case after finding that Epps had failed to show that she properly opted-out of receiving messages using the one-word opt-out function (i.e. "Reply 'Stop' to opt-out"). Epps filed an appeal, and the Ninth Circuit last month upheld the District Court's decision to dismiss the case. Read the Ninth Circuit's opinion here. Businesses that use text marketing should ensure that they only do so with the proper consent and always include the required opt-out language.  If you find yourself facing a telemarketing compliance issue or lawsuit, contact a telemarketing attorney.

California Pausing Enforcement of New Privacy Regulations

On October 26th, FCC Commissioner Ajit Pai released a statement regarding an agreement that has been reached with the State of California regarding their new state privacy regulations. As part of this agreement, "California has agreed not to enforce its new Internet regulation law pending the resolution of a petition for review of the FCC’s Restoring Internet Freedom Order in the U.S. Court of Appeals for the District of Columbia and any subsequent proceedings before the U.S. Supreme Court." Commissioner Paid praised the agreement, saying, "[There] is no urgent problem that these regulations are needed to address. Indeed, California’s agreement not to enforce these regulations will allow Californians to continue to enjoy free-data plans that have proven to be popular among consumers." Read his full statement here.

FTC and NY Attorney General Sue Owners of Alleged Debt Collection Scheme

On November 1st, the FTC and the New York Attorney General announced that they have jointly filed a lawsuit against a New York debt collection business for allegedly, "tricking people into agreeing to pay more money than what they allegedly owed." Read the FTC's press release about this case here. Businesses should always make it a priority to resolve consumer complaints before they reach the government, as regulatory action is almost always complaint-driven. If you engage in any type of telemarketing, contact a telemarketing compliance attorney to ensure you have achieved full telemarketing compliance. This will help you avoid telemarketing fines that can result form violating laws like robocall laws, autodialer laws, telemarketing license laws, cell phone telemarketing laws.

Mortgage Bankers Association Asks FCC to Adhere to Plain Language of TCPA

The Mortgage Bankers Association (MBA) has filed comments with the FCC asking the agency to adhere to a plain reading of the TCPA. According to the MBA's comments:

"A plain reading of the statute suggests the following must be satisfied for a device to be deemed an ATDS:

1. A device must be able to generate numbers in either random order or in sequential order to satisfy this definition.
2. A device must be able to store or produce those numbers called using that random or sequential number generator.
3. The device must be able to dial those numbers."

Contact a TCPA attorney here to learn more about the FCC's telemarketing laws.