Telemarketing Expert Witnesses & TCPA

Telemarketing expert witnesses may give opinions regarding call center agents, computer telephony, and related topics. Here, the Telemarketing Connections Newsletter writes on recent telemarketing cases & statutes.

Illinois An Illinois court has ruled that a Telephone Consumer Protection Act (TCPA) defendant’s offer to settle plaintiff’s claim mooted that claim such that it could not be removed to federal court. Damasco v. Clearwire Corp. The court, therefore, dismissed the case which had sought class action status for recipients of text messages from the defendant.

New York New York has amended its telemarketing statute to add required disclosures regarding negative option features and to expand the definition of telemarketing sales call to specifically include prerecorded messages and messages delivered to answering machines (New York Assembly Bill 8839). The bill also adds a disclosure required prior to the purchase of any good or service regarding negative option plans and that the customer’s account will be charged unless the customer takes affirmative action to cancel the sale.

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