Last month, South Caroling Governor Henry McMaster signed the state’s Telephone Privacy Protection Act into law. Among other things, the new law prohibits caller ID spoofing in the State of South Carolina. The relevant addition to the law is as follows:
Section 37-21-50. (A) Notwithstanding another provision of law, a person may not, with the intent to defraud, harass, cause harm or wrongfully obtain anything of value, including, but not limited to, financial resources or personal identifying information as defined by Section 16-13-510, make, place, or initiate a call or text message or engage in conduct that results in the display of misleading, false or inaccurate caller identification information on the receiving party’s telephone or otherwise circumvent caller identification technology that allows the receiving party to identify from what phone number, location, or organization the call or text message has originated from or misrepresent the origin and nature of the call or text message. A person may not, with the intent described in this subsection:
(1) display a South Carolina area code on the recipient’s caller identification system unless the person making, placing, or initiating the call or text message maintains a physical presence in the State; or
(2) display the receiving party’s telephone number on the contacted party’s caller identification system.
Read the full text of the act here.
FTC and Nevada Shut Down Revenge Porn Site
A Federal court has ordered that MyEx.com be shut down. According to the FTC’s press release, the “FTC and Nevada alleged that MyEx.com was dedicated solely to revenge porn and solicited intimate pictures and videos of victims, along with their personal information such as their name, address, employer, and social media account information. The site, which shut down shortly after the complaint was filed, urged visitors to ‘Add Your Ex,’ and to ‘Submit Pics and Stories of Your Ex.’ In numerous instances, the defendants allegedly charged victims fees from $499 to $2,800 to remove their images and information from the site.” Read the full press release here.
FCC Seeking Input for Staff Report on Robocalling Trends
In November 2017, the FCC and the FTC directed the Bureau of Consumer Protection to prepare a report that, “[Encompasses] both the progress made by industry, government, and consumers in combating illegal robocalls, and the remaining challenges to continuing these important efforts.” The FCC is now seeking comments to help with the preparation of that report. Find the full press release here.
Federal Judge Rules CFPB Leadership Structure is Unconstitutional
New York Federal Judge Loretta Preska has ruled that the leadership structure of the Consumer Financial Protection Bureau (CFPB) is Unconstitutional. The CFPB is led by a single individual while other federal entities are generally led by several commissioners. Read Judge Preska’s ruling here.
Defendant’s Motion to Dismiss Denied in 3rd Party Consent Case
In Benedetti v. Charter Communications, the defendant’s motion for summary judgment has been dismissed. The plaintiff in the case had filed the lawsuit after she alleged to have received unsolicited phone calls from Charter Communications. Benedetti, a nanny, admitted during a deposition that her client had opted her number in to receive communications from Charter. Unfortunately, the Judge ruled that a third party may not provide valid express written consent for another person to receive telephonic communications. Read the court’s ruling here. Contact a telemarketing attorney or TCPA expert today. A telemarketing lawyer can help you ensure full telemarketing compliance.