In the wake of the Supreme Court’s 2021 decision in Facebook v. Duguid—which held that most smartphones and similar modern technology do not qualify as “automated telephone dialing systems,” under the Telephone Consumer Privacy Act (TCPA)—there has been a spike in state legislative activity aimed at strengthening local telemarketing laws. Florida’s Telephone Solicitation Act (FTSA) became the first state telemarketing law of its kind on July 1, 2021. The FTSA, which does not clearly define the types of automated technology covered by the statute, creates room for a broader interpretation of the types of devices that can qualify as regulated dialing technology. Oklahoma has now become the next state to enact such legislation, the Oklahoma Telephone Solicitation Act (OTSA), which largely mimics the FTSA and came into effect on November 1, 2022.…

Continue Reading Oklahoma’s New Restrictive Telemarketing Law: Could Other States Be Next?