The Supreme Court heard oral arguments in Facebook v. Duguid on the morning of Tuesday, December 8. This was the second major Telephone Consumer Protection Act (TCPA) case to be heard in front of the Supreme Court this year. As expected, the arguments centered on the TCPA’s definition of automatic telephone dialing system (ATDS). The… Continue reading Supreme Court Oral Arguments on TCPA Case Focus on Grammar and Technology
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SCOTUS to Hear Oral Arguments in Facebook v. Duguid
It can be easy to forget considering everything else that has happened this year, but the Supreme Court is set to hear oral arguments for a case that could have enormous consequences for the Telephone Consumer Protection Act (TCPA). This case—Facebook v. Duguid—is the second major TCPA case that SCOTUS will hear this year, following… Continue reading SCOTUS to Hear Oral Arguments in Facebook v. Duguid
FCC Chairman Ajit Pai Will Step Down in January
Federal Communications Commission (FCC) Chairman Ajit Pai announced on Monday that he will leave the commission on January 20, 2021, the date that Joe Biden is expected to be inaugurated as president. While Pai’s term as Chairman was not set to end until June 2021, this decision to step down follows the usual precedent when… Continue reading FCC Chairman Ajit Pai Will Step Down in January
FCC Fines Telemarketer $10 Million for Caller ID Spoofing
The Federal Communications Commission (FCC) levied an enormous fine against a San Diego-based telemarketer for violations of the Truth in Caller ID Act. The $10 million fine arises from a robocall campaign related to a 2018 election for a seat in the California Assembly. The FCC announced that Ken Moser and his company, Marketing Support… Continue reading FCC Fines Telemarketer $10 Million for Caller ID Spoofing
2020 December Restricted Do Not Call Dates
State Restricted Do Not Call Dates
December 1, 2020 – Mrs. Rosa L. Parks Day
- Alabama*
December 15, 2020 – Bill of Rights Day
- Pennsylvania**
December 24, 2020 – Christmas Eve
- Louisiana – PROCLAMATION 163 JBE 2020
December 25, 2020 – Christmas Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
December 31, 2020 – New Year’s Eve
- Louisiana – PROCLAMATION 164 JBE 2020
Canadian Restricted Do Not Call Dates
December 25, 2020 – Christmas Day
- National
December 26, 2020 – Boxing Day
- Ontario only
Is the TCPA Only for Cell Phones?
The TCPA regulates all sorts of telemarketing activity, including calls to every type of phone number. This article will explain how the TCPA’s restrictions on the use of an automatic telephone dialing system (ATDS) to call cell phone numbers fits into the law’s overall regulatory framework.
What Is TCPA Express Consent?
The most essential rule for avoiding Telephone Consumer Protection Act (TCPA) violations is to obtain the express consent of the called party before placing automated calls, text messages, or faxes. There are two kinds of consent: prior express consent and prior express written consent. Which kind of consent is required of a caller varies depending on the purpose of the call or text. But some sort of consent is always required.
What Is TCPA Compliance?
This article will explain the main provisions of the Telephone Consumer Protection Act (TCPA) with which callers must comply, outline why compliance is so important, and offer some best practices for compliance.
What Are the Penalties Associated with TCPA Violations?
While the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and state attorneys general also have enforcement powers, the Telephone Consumer Protection Act (TCPA) is primarily enforced through its private right of action, allowing individuals to bring suit under the law. The original intent was for this right to be enforced in small claims court.… Continue reading What Are the Penalties Associated with TCPA Violations?
Federal Judge Strikes Down North Dakota’s Anti-Spoofing Law
On Monday, a United States District Court Judge in North Dakota ruled that the state’s law preventing called ID spoofing is unconstitutionally encroaching on Congress’s authority to regulate interstate trade. When North Dakota passed its Anti-Spoofing Act in 2019, SpoofCard, a New Jersey-based spoofing service, filed a lawsuit, arguing that it infringed on congressional authority.… Continue reading Federal Judge Strikes Down North Dakota’s Anti-Spoofing Law