Category: Uncategorized

FCC Mandates Implementation of STIR/SHAKEN by June 2021

In another move to enact the provisions of the TRACED Act, the Federal Communications Commission (FCC) adopted an order that officially mandates that all phone companies implement STIR/SHAKEN call authentication technology by June 30, 2021. In the press release announcing the order, the FCC writes that “[w]idespread deployment of STIR/SHAKEN will reduce the effectiveness of… Continue reading FCC Mandates Implementation of STIR/SHAKEN by June 2021

FCC Announces Formation of Hospital Robocall Protection Group

FCC Announces Formation of Hospital Robocall Protection Group Last week, the Federal Communications Commission (FCC) announced the formation of a Hospital Robocall Protection Group. According to the FCC, this group—whose formation is mandated by the TRACED Act—will work to develop best practices for the following: How voice service providers can better combat unlawful robocalls made… Continue reading FCC Announces Formation of Hospital Robocall Protection Group

Two Courts Reject Excel Sheet ATDS Argument

On consecutive days last week, two different district courts in two different circuits handed down rulings in two different Telephone Consumer Protection Act (TCPA) cases that rejected a common argument that would have essentially rendered any computer-based dialer as an Automatic Telephone Dialing System (ATDS). One case—Decapua v. Metro. Prop. & Cas. Ins. Co., C.A.… Continue reading Two Courts Reject Excel Sheet ATDS Argument

PETA Faces TCPA Class Action for Text Messages Advertising Fake Meat

A recent complaint filed in the Southern District of California accuses the animal rights, nonprofit organization People for the Ethical Treatment of Animals (PETA) of violating the Telephone Consumer Protection Act (TCPA) by sending automated text messages promoting the meat substitute Beyond Meat. Beyond Meat is also named as a defendant in the class action.… Continue reading PETA Faces TCPA Class Action for Text Messages Advertising Fake Meat

The TCPA During the Coronavirus Pandemic

The current, novel coronavirus pandemic that is spreading COVID-19 is causing massive upheaval worldwide. For telemarketers, this is creating uncertainty as to how regulations such as the TCPA and state laws dictate what sorts of calls are allowed during such a period of emergency.

Court Dismisses Vicarious Liability Claim in TCPA Class Action

Gig economy courier colossus Postmates received a favorable ruling from a district court within the Ninth Circuit in a recent Telephone Consumer Protection Act (TCPA) class action. Rogers v. Postmates Inc., Case No. 19-cv-05619-TSH, 2020 U.S. Dist. LEXIS 36626 (N.D. Cal. March 3, 2020) revolved around vicarious liability claims that the court did not find… Continue reading Court Dismisses Vicarious Liability Claim in TCPA Class Action

New York Governor Declares Coronavirus State of Emergency, Triggering New Restrictions on Telemarketing

UPDATE 6/23/2021 Governor Cuomo announced today that he would allow the state of emergency to expire on June 24, 2021. UPDATE 5/27/2021 On May 25, Governor Cuomo extended the state of emergency through June 24, 2021. UPDATE 4/22/2021 On April 25, Governor Cuomo extended the state of emergency through May 25, 2021. UPDATE 3/30/2021 On… Continue reading New York Governor Declares Coronavirus State of Emergency, Triggering New Restrictions on Telemarketing

Florida Court Rules that Twilio’s Texting Platform is Not an ATDS

In a potentially significant decision, a Florida district court ruled that a prominent text message platform is not an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Twilio is not the defendant in the class action—Northrup v. Innovative Health Ins. Partners, LLC, Case No: 8:17-cv-1890-T-36JSS, 2020 U.S. Dist. LEXIS 31851 (M.D.… Continue reading Florida Court Rules that Twilio’s Texting Platform is Not an ATDS