A coalition of trade organizations filed a petition for a declaratory ruling with the Federal Communications Commission (FCC). The petition urges the FCC to clarify and narrow the scope of the TCPA’s definition of an “automatic telephone dialing system” (ATDS).
Author: stefen
FCC Requests Comments On Reassigned Numbers Database
The FCC has issued a Notice of Proposed Rulemaking on reassigned telephone numbers. The commission is seeking industry input on the creation of a reassigned numbers database to help businesses and consumers avoid unwanted calls and text messages.
ROBOCOP Act Creates Roadblock For Debt Collectors
On April 18th six U.S. Senators introduced the ROBOCOP Act which requires phone companies to offer their customers free robocall blocking technology. The bill is intended to protect consumers from overseas scammers. Unfortunately, it could also become a major headache for debt collectors.
Illegal Robocalls Are Focus Of Senate Hearing
The FTC (Federal Trade Commission) updated the U.S. Senate on the progress of their fight against illegal robocalls and the harm inflicted on consumers and legitimate business. The April 18th hearing examined the problem of malicious spoofing and abusive robocalls designed to defraud consumers.
Vroom Wins TCPA Text Messaging Lawsuit
Vroom, Inc., an online car retailer, received a favorable ruling from the Southern District of Florida in March that is good news for business that use automated text messaging. The lawsuit dealt with the issue of consent and the type of consent required as defined by the TCPA.
$3.9 Million Settlement: Lawsuit Filing Fraud Alleged Against Debt Collector
Palisades Collection has settled a $3.9 million lawsuit in which the debt collector is alleged to have unlawfully sued customers of AT&T Wireless for the collection of debt. The lawsuit involves Palisades freezing their bank accounts and garnishing wages.
Strict ATDS Definition Results In TCPA Court Win
In Marshall v. The CBE Group, Inc. the plaintiff filed a TCPA lawsuit alleging that The CBE Group had called her using an ATDS. Citing the recent ACA v. FCC decision and stating that it would apply a strict definition of an ATDS, the court held that CBE’s, “communications infrastructure does not constitute an ATDS.”
Telemarketing Law Updates: Florida & West Virginia
States are continuing to enact telemarketing restrictions which are more stringent than their federal counterparts. The following are recent updates to the state telemarketing laws in Florida and West Virginia that you should be aware of before dialing into those states.
FCC-FTC Robocall Policy Forum Highlights
On Friday, March 23, the FCC-FTC held the first of two scheduled forums addressing illegal robocalls. This first meeting brought together telecommunications experts and officials from the FCC and FTC to discuss ways for dealing with the growing problem of illegal robocalls.
DC Circuit Issues Decision On The FCC’s 2015 TCPA Order
On Friday, March 16, 2018, the D.C. Circuit at last issued its long awaited decision on the challenge to the FCC’s 2015 Omnibus Declaratory Ruling and Order. The court’s decision addressed claims that the FCC exceeded its authority in defining key elements of the TCPA.