Category: Uncategorized

New Proposed FCC Order Continues Implementation of STIR/SHAKEN

Last week, Federal Communications Commission (FCC) Chairman Ajit Pai released a proposed Second Report and Order relating to the implementation of STIR/SHAKEN call authentication protocols as mandated by last year’s TRACED Act. According to the fact sheet that the FCC released, the order would do the following, if adopted: Require voice service providers to either… Continue reading New Proposed FCC Order Continues Implementation of STIR/SHAKEN

State of Emergency in Louisiana Call Prohibition Releases at 6pm CST

The call prohibition in Louisiana due to a declared state of emergency will end today effective 6 PM CST. Conditions of Tropical Storm/Hurricane Laura and Tropical Depression 14/Tropical Storm/Hurricane Marco will allow the release of the LPSC from mandatory EOC presence. Current Status: Effective 9/11/2020 @ 6 PM CST the LPSC is released of the Mandatory EOC… Continue reading State of Emergency in Louisiana Call Prohibition Releases at 6pm CST

California Legislature Passes Debt Collection Licensure Law

This week, both houses of the California state legislature passed the Debt Collection Licensing Act (SB 908), a bill that makes California one of 35 states to require a license in order to practice debt collection. Governor Gavin Newsom is expected to sign the bill into law. Deriving its authority from an existing law, the… Continue reading California Legislature Passes Debt Collection Licensure Law

State of Emergency Declared in Louisiana – All Telephonic Solicitation Prohibited

Louisiana has declared an emergency that prohibits unsolicited telemarketing calls into the state effective 8:30 AM PT today. We will notify you once the prohibition has been lifted. Current Status: Mandatory EOC Presence – All Telephonic Solicitation Prohibited In response to the state declaration of emergency in preparation for Tropical Storm/Hurricane Laura and Tropical Depression… Continue reading State of Emergency Declared in Louisiana – All Telephonic Solicitation Prohibited

Court Rules Against Texting Platform in Mayoral Campaign TCPA Class Action

A recent ruling in a Telephone Consumer Protection Act (TCPA) class action illustrates how the TCPA risks incurred by political campaigns can be spread to the platforms that those campaigns use to send their messages. The case—Klueh v. Vallas, Case No. 19-cv-00249, 2020 U.S. Dist. LEXIS 152979 (N.D. Ill. August 24, 2020)—centers on text messages… Continue reading Court Rules Against Texting Platform in Mayoral Campaign TCPA Class Action

Court Allows One Call TCPA Class Action to Proceed

If there is one constancy in Telephone Consumer Protection Act (TCPA) litigation, it is its inconsistency. Differing jurisdictional precedents; differing interpretations of dialing technology; and evolving, sometimes contradictory Federal Communications Commission (FCC) rulemaking combine with the usual idiosyncrasies and vagaries of the court system to produce a legal ecosystem in which one court can rule… Continue reading Court Allows One Call TCPA Class Action to Proceed

District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA

When the Telephone Consumer Protection Act (TCPA) was passed into law in 1991, one of its primary purposes was regulating the then-current practice of sending junk faxes. In the intervening 29 years, telecommunications technologies have dramatically changed (several times over) but the law that is the centerpiece of federal telemarketing regulations has remained largely the… Continue reading District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA

Recent Court Decisions Highlight How Costly the TCPA Can Be

As we find ourselves in limbo between the anticlimactic Barr Supreme Court case and the potentially momentous Facebook case, Telephone Consumer Protection Act (TCPA) litigation continue apace. Two recent court decisions illustrate just how expensive TCPA class actions can be for defendants and how lucrative they can be for plaintiffs attorneys. Last week, the Eleventh… Continue reading Recent Court Decisions Highlight How Costly the TCPA Can Be

Quicken Loses in Attempt to Compel Arbitration in TCPA Class Action

Mortgage lending giant Quicken Loans lost a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) class action. The details of the case demonstrate that a TCPA compliance program is of little use without proper understanding of how the compliance technology works. At initial glance, the case—Hill v. Quicken Loans, Case No. ED… Continue reading Quicken Loses in Attempt to Compel Arbitration in TCPA Class Action