Hello TCPAWorld! I was out of the office last week for a little R&R, it’s wonderful to be back, but I couldn’t stay away from what I love most, State Telemarketing Laws. And we did see quite a bit of movement on some of the pending bills. As I track these, I very rarely see any opposing votes, it may be one of the few areas that both parties can agree on and work to push forward in a collective effort.
We have been tracking the current Florida bill 761 pretty closely for you, you can check out previous posts HERE and HERE. This bill has not passed yet and was added to the Commerce Committee’s agenda as the last action and an amendment to amendment 354507 was filed today. We will keep an eye on this and provide updates as they arise.
Queenie brought you the update on the WA bill last week that is making headway in the state legislature. The bill was passed by both sides but has not been signed into law yet. But there are a few other states to note as well.
Mississippi – HB 1225 This bill was signed by the Governor on March 22nd and the effective date is July 1, 20223. The following amendments were adopted by the passing of the bill.
- This signed bill transfers the authoritative powers from the Public Service Commission to the Attorney General
- Added two definitions
- “Do Not Call Registry” means the registry created and maintained by the Federal Trade Commission pursuant to the Telemarketing Sales Rule or any other telemarketing registry created by the federal government, or the prior registry created by the Mississippi Public Service Commission.
- “Attorney General” means the Attorney General of the State of Mississippi.
- Brought clarifying language around the use of the National Do Not Call registry.
Tennessee – SB 868 This bill was signed by the Governor on April 4th and the effective date is July 1, 2023. The amendments in this bill essentially outline adding text messaging to the current law, Section 65-4-401.
- Adds a comprehensive definition for “Text message solicitation”
- Replaces “telephone solicitation” to read as “telephone or text message solicitation” throughout
Georgia – SB 73 This bill has NOT yet been signed but has passed both the Senate and the House in GA. We will keep a watchful eye on any updates.
- Provides Right of Action
- Removes the term knowing/knowingly throughout the current law
- Reduces each violation of this act from $2,000 to $1,000
- Excludes the defense of not knowing telephone solicitation was being made or in violation of the law for third parties acting on behalf of, unless, there are “established policies and procedures to effectively prevent telephone solicitations in violation of this Code section and mandated and enforced compliance with such policies and procedures.”
- Does carve out defense for numbers provided in error.
As always we will continue to be vigilant at the state level for telemarketing solicitations and possible new laws impacting the space.