TCPA.World readers know all about the machinations over the FTSA/Mini-TCPA in Florida. Plus the Oklahoma copy cat bill is sprinting toward passage.
Well now we have two more states to keep an eye on.
The Georgia Senate has just passed a bill that would create a private right of action for violations of the State’s DNC rules. The bill bans telephone solicitations–defined to exclude consented calls–to residential numbers on the state’s DNC and authorizes suit of up to $2,000 in the event of a violation.
Interestingly, the Bill specifically permits suits against sellers and telemarketers calling on the seller’s behalf even where the seller did not know the call was being made. Weird right?
You can read the full bill here: georgia senate bill
Washington is already home to one of the most robust anti-robocall/text provisions in the nation with its CEMA statute.
Well now Washington is also looking at allowing a private right of action to enforce its own state DNC list–as well as doubling the penalties for unsolicited calls and texts to $1,000.00 per violation. On the other hand the new bill-which has been passed by the House–would recognize an EBR defense for commercial text messages (which is a really important provision considering that commercial texts cannot be sent in WA currently without express consent.)
You can read the bill here: Washington House Bill
We fully expect other states to jump on this bandwagon. Outlawing robocalls is an easy political win for legislators looking to build a record of accomplishments to present to votes during an election year. While legitimate businesses have their own story to tell, lobbying efforts, to date, have not been sufficient to push back against the onslaught of anti-robocall sentiment.
We’ll keep an eye on these bills and others.