Archive: 2021

1
New Emergency Declaration in New York Furthers Ban on Unsolicited Telemarketing Calls
2
Florida Law Would Dramatically Expand Autodialer Restrictions

New Emergency Declaration in New York Furthers Ban on Unsolicited Telemarketing Calls

By Joseph C. Wylie II, Molly K. McGinley, Nicole C. Mueller, Jonathan R. Vaitl

On 5 August 2021, Governor Andrew Cuomo continued a statewide disaster emergency due to gun violence that he first declared on 6 July 2021. As previously discussed in our March 2020 post about Governor Cuomo’s COVID-19 emergency declaration, under New York’s Do Not Call Registry statute and its Telemarketing and Consumer Fraud and Abuse Protection Act, it is illegal to knowingly make unsolicited telemarketing sales calls to areas of the state under an emergency declaration. The Governor’s latest executive order declaring a state of emergency once again triggers this prohibition on a statewide basis.

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Florida Law Would Dramatically Expand Autodialer Restrictions

By Molly K. McGinley, Joseph C. Wylie II, Sebastian Crisan (CI SA)

In May 2021, the Florida legislature passed Senate Bill 1120 (Florida Robocall Bill), which updates the state’s existing telemarking laws. The proposed changes parallel certain provisions in the federal Telephone Consumer Protection Act (TCPA), including:

  • Requiring prior express written consent for calls made using an automated selection and dialing system; and
  • Creating a private cause of action for any violation of the do not call provisions.
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