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Tuesday, September 01, 2009

Law - "Blast faxes" and Robo-Calls

Stories today:

"Attorney General Greg Zoeller applauds efforts by federal government to ban robo calls" - From the press release:

“There are assurances the federal law won’t preempt our enforcement of stronger, stricter privacy rights for Hoosiers,” Zoeller added.

The FTC law seeks to prohibit robo calls which promote the sales of goods or services but does not prohibit purely informational calls. An informational call could include an airline notifying a customer of a flight change or a school alerting parents of a snow delay. Politicians, banks, telephone carriers and most charitable organizations are exempt from the federal prohibition on telemarketing calls that deliver prerecorded messages. Also exempt are healthcare professions which are subject to the Health Insurance Portability and Accountability Act (HIPAA).

Indiana law provides added protection by prohibiting the use of autodialer machines to deliver any prerecorded message in all instances when permission has not been provided by the consumer.

"State targets fax-blasting health care insurers" - From the Indianapolis Star, this story by Tom Spalding that begins:
The Indiana Department of Insurance has signed an emergency cease-and-desist order to prohibit three organizations from conducting any insurance-related business in the state.

Smart Data Solutions and American Trade Association, LLC, both of Tennessee, and Serve America Assurance, a company supposedly from Bermuda, were told to immediately stop engaging in any kind of insurance business transactions.

Indiana Insurance Commissioner Carol Cutter said the companies have used a method referred to as “fax blasting” to advertise a potentially bogus health insurance plan called “Healthcare America” that has been the subject of complaints filed with the Department of Insurance, the Attorney General’s office, as well as with corresponding agencies in states all over the country.

Also today, from the Fulton County Daily Report, this story by Greg Land headed "In $2.9 Million 'Blast Fax' Settlement, Plaintiffs Get Coupons and Lawyers Get Cash." It begins:
Business service and supply giant Pitney Bowes has agreed to settle a "blast fax" class action by giving $26 coupons to plaintiffs for each week they received an unwanted fax -- and $950,000 to the lawyers for the class.

The $2.9 million settlement ends a case originally filed in Cobb County, Ga., before being transferred to federal court. It began with Pitney Bowes' 2007 purchase of the corporate assets of Laser Life, a Marietta, Ga.-based supplier of toner and other printer products, according to court filings.

Posted by Marcia Oddi on September 1, 2009 12:32 PM
Posted to General Law Related