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Fight Against Robocalls Is Coming for Telemarketing Text Messages

As noted on the Hunton Retail Source Site, on Oct 20, 2021, a new wave in the battle in opposition to “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at equally the point out and federal level to reign in telemarketing textual content messages.

On July 1, 2021, Florida’s “mini-TCPA” went into influence. The mini-TCPA amends Florida’s Telemarketing Act in quite a few critical strategies, most notably in letting individuals to manage a personal lead to of action for violations of the act. The Telemarketing Act presently included “text message” inside of the definition of a “telephonic gross sales contact.” But the new mini-TCPA has experienced a tremendous impact on companies who use textual content messages for telemarketing needs since the mini-TCPA now requires prior categorical created consent before sending a telemarketing text information, even if the textual content concept is sent (1) in reaction to a call initiated by the buyer or (2) to a customer with whom the organization has a prior existing business marriage. Indeed, in the a few and a 50 {e421c4d081ed1e1efd2d9b9e397159b409f6f1af1639f2363bfecd2822ec732a} months since the mini-TCPA became legislation, there have been at the very least 42 lawsuits alleging violations of the mini-TCPA. Of people 42 lawsuits, 38 relevant to a consumer’s receipt of text messages and all were filed as putative course actions.

On July 13, 2021, 13 times soon after Florida’s mini-TCPA became legislation, previous New York governor Andrew Cuomo, signed a monthly bill into regulation, which amended New York’s Basic Company Law 399-z to include things like the phrase “electronic messaging text” in the at this time current definitions of “telemarketer,” “telemarketing,” and “telemarketing gross sales connect with.”  In so accomplishing, Governor Cuomo stated that the amendment was important in get to “close this annoying loophole” and shield New Yorkers from “unwanted texts making an attempt to provide [consumers] things they never want.” The amendments became helpful on August 12, 2021. Litigation is expected to probable to decide on up in the around future, although no lawsuits alleging violations of this statute have been discovered as of nevertheless.

On August 20, 2021, the House of Reps Committee on Oversight and Reform (the “Committee”), sent a letter to the FCC asking the FCC to make clear what acts it intends to just take to reign in “spam texts.” In their letter, the Committee expresses its fears that poor actors will change their attentions to the use of “spam texts” in get to keep away from the FCC’s new mandates concentrating on robocalls.

On September 24, 2021, Senator Richard Blumenthal sent a letter to the FCC urging it to “take action on the modern surge of unsolicited textual content messages that are overtaking robocalls as a nuisance and a buyer protection threat.”

This enhanced target on text messages is expected to keep on, both of those at the state and federal level.

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