U.S. Supreme Court Could Rule on ATDS Definition

One of the most significant court rulings during 2018 was in Marks v. Crunch, in which the Ninth Circuit found that any device with the capacity to store telephone numbers falls under the TCPA’s definition of ATDS, whether it can randomly or sequentially dial those numbers or not. After a series of appeals, Crunch has filed a petition for writ of certiorari with the Supreme Court, meaning that they have asked the Supreme Court to hear the case. This doesn't require the Court to actually take on the case, but after years of uncertainty over the definition of ATDS there is now a chance that the highest court in the U.S. might rule on the issue. Allen, Mitchell & Allen will keep you informed about the developments of this case. Learn more about the definition of ATDS, telemarketing compliance, robocall regulations, cell phone telemarketing laws, and TCPA regulations.

Florida Car Dealership Will Likely Face TCPA Class Action

A class action website is starting to gather information from consumers who may have been called without consent by a car dealership in Florida. While the exact details of this lawsuit are unclear, the website does have a brief description of Ringless Voicemail Messages (RVM) and states that more and more telemarketers are starting to use them. Remember that last year the State of Florida determined that RVMs would be treated just like any other prerecorded voice message as far as their state is concerned. As consumers and regulators become more aware of RVMs, it will become increasingly risky to use them to market your products or services. This is also a perfect example of the state of affairs in the TCPA world.  Firms are going to great lengths to identify and develop class actions against perceived TCPA violators. Plaintiff litigation is organized and active. Solid compliance is the safest defense. Contact a TCPA lawyer if you need help understanding how to defend a TCPA lawsuit. Consider performing telemarketing compliance audit of your telemarketing practices so you can make sure you are in compliance with telemarketing rules and telemarketing regulations.

Scrub While You Can!

During the recent Federal Government shutdown, the National Do-Not-Call list was inaccessible for businesses. The funding bill that was passed by congress could potentially only keep the government open until February 15, at which point businesses could lose access to the DNC list once again. Make sure you scrub your data against the DNC list over the couple of weeks to ensure that your calling data is as compliant as possible. Learn more about DNC regulations and cell phone do not call laws.