|June 9, 2014|
Previously published on June 3, 2014
Connecticut recently passed S.B. 209, a new law aimed at aggressive telemarketing tactics. The law, which goes into effect on October 1, 2014, strengthens Connecticut’s already existing “Do Not Call Registry” by banning unsolicited commercial text and media messages and “robocalls” without prior affirmative consent by the consumer. Thus, regardless of whether a consumer has already requested to be placed on the Do Not Call Registry, the law prohibits traditional text messages; messages that contain audio, photographic, or video content; and automatically dialed calls that play prerecorded content when answered, unless the consumer has first assented to their receipt.
The Federal Telephone Consumer Protection Act (TCPA) also bans the foregoing tactics. Thus, in case potential class action lawsuits brought for TCPA violations weren’t enough of a disincentive, Connecticut’s new law, which can cost as much as $20,000 for each violation, may help discourage some telemarketers from potentially overreaching.
Kilpatrick Townsend’s advertising group has a deep understanding of the TCPA and related state legislation, and its nationally recognized advertising attorneys have provided preventative guidance for and defended against TCPA actions for clients in a range of industries.