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NJ AG Joins Multistate Suit Against Avid Telecom for Illegal Robocalls

Michael D. Lansky, LLCMay 23, 2023New Jersey Attorney General

Summary

New Jersey Attorney General Matthew Platkin joined a multistate lawsuit against Avid Telecom for allegedly initiating and facilitating billions of illegal robocalls, including to numbers on the National Do Not Call Registry, in violation of the Telephone Consumer Protection Act and Telemarketing Sales Rule. The company is accused of transmitting scam calls and ignoring warnings from the Industry Traceback Group.

Contract Impact

In-house legal teams should review all vendor agreements with telecommunications service providers and customer contracts for any telemarketing or automated calling services. Specifically scrutinize clauses governing autodialer usage, consent mechanisms (including prior express written consent), compliance with the National Do Not Call Registry, call time restrictions, and data sharing for call lists. Agreements should be amended to include robust audit rights, mandatory compliance certifications, clear indemnification for TCPA/TSR violations, and termination provisions for non-compliance. Employee agreements for call center staff should also be reviewed for adherence to calling protocols and training requirements.

Contract Search Terms

autodialer usage clauseprior express consent requirementdo not call list compliancecall time restrictionsthird-party vendor managementcall recording disclosuretelemarketing sales rule compliancecall monitoring and auditing rightsindemnification for regulatory violationsdata sharing for telemarketing purposes

Laws Cited

Telephone Consumer Protection ActTelemarketing Sales Rule

Violation Types

Entity Details

Entity

Michael D. Lansky, LLC

Also known as: Avid Telecom

Industry

Telecommunications

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"Michael D. Lansky, LLC, which does business under the name Avid Telecom"
Laws Cited
"Telephone Consumer Protection Act, the Telemarketing Sales Rule, and other federal and state telemarketing and consumer laws."
Violation Types
"sent or transmitted more than 7.5 billion calls to telephone numbers on the National Do Not Call Registry"
Violation Types
"violating the Telephone Consumer Protection Act"

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