Law360 Quotes Partner John J. Heitmann and Associate Jameson J. Dempsey on Connecticut’s Telemarketing Legislation
June 20, 2014

Partner John J. Heitmann and associate Jameson J. Dempsey were quoted in the Law360 article “Conn. Mini-TCPA Exposes Telemarketers To Steeper Risks.” The article discusses Connecticut's recently enacted telemarketing legislation that allows for higher penalties for unsolicited text or phone messages than the Telephone Consumer Protection Act does, creating significant new compliance risks for companies already struggling to ward off an onslaught of litigation under the federal law. Mr. Heitmann and Mr. Dempsey pointed out the difference in the language on what types of communications are covered by each statute; while the TCPA statute addresses calls and messages, the Connecticut law encompasses calls and "text or media messages," leaving open the possibility that the state law may span a broader range of communications. Mr. Heitmann also commented that marketers should review their consent practices and reassess the risks of using push notifications to reach mobile devices, as “it's conceivable that the definition under state law could be read to cover push notifications that consumers receive from applications.”