Earlier this month the 9th Circuit upheld the district court’s grant of summary judgment in the case of Shaya Baird v. Sabre, Inc., et al. The case concerned an unsolicited text message that was sent to the plaintiff’s cell phone. However, the court found that the plaintiff had provided “prior express consent” to the defendant by releasing her… Continue reading 9th Circuit Affirms TCPA Consent Defense
Category: Uncategorized
TCPA Issues to Watch Out for in 2016
What will happen in the appeal of the FCC’s 2015 Omnibus Declaratory Ruling and Order? A number of businesses and other interested parties have appealed the FCC’s Declaratory Ruling and Order, arguing that the FCC went too far in twisting the text of the TCPA to meet their agenda.
FCC files its brief in the pending Circuit court case challenging the July FCC Ruling
Last Friday, January 15, the FCC filed its brief in the closely watched case challenging the FCC’s July 2015 Declaratory Ruling and Order. In addition to the FCC’s various arguments trying to justify how what the FCC did was really legal and intelligible, several interesting arguments in the FCC’s brief include: The FCC’s July ruling didn’t reopen… Continue reading FCC files its brief in the pending Circuit court case challenging the July FCC Ruling
Meanwhile, the National FTC DNC list continues to grow!
Last month the FTC published their 2015 Biennial Report to Congress and there were some interesting highlights. The national Do-Not-Call Registry list continues to grow, now with over 222 million active registrations, an increase of close to 5 million new registrants in 2015. In 2015, 2504 entities paid fees to access the DNC registry totaling over $13… Continue reading Meanwhile, the National FTC DNC list continues to grow!
State DNC Holidays for December
- Christmas Day
- New Year’s Day
Changes to the TSR have now been published in the Federal Register
On December 14, 2015 the changes by the FTC to the TSR were published in the federal register. This means that we now know when the changes will go into effect.
Scrubbing for Re-Assigned Numbers
Businesses have a lot to object to in the FCC’s July 10, 2015 Declaratory Ruling and Order. However, perhaps no issue is more problematic for businesses than the FCC’s new rules on calling reassigned numbers.
Litigious TCPA states to avoid, unless you have a great compliance infrastructure.
Most businesses are aware that California is a hotbed of TCPA litigation, but this is in part due to California having the largest population of any state in the country. When you compare the number of known litigants in each state (and D.C.) with the state/district’s population, the results may surprise you. See below for… Continue reading Litigious TCPA states to avoid, unless you have a great compliance infrastructure.
Pennsylvania proposes to limit debt collection calls to three total.
A Pennsylvania Senate Bill has been proposed that would significantly restrict the number of debt collection calls that can be made. The bill, which is now under review by the Consumer Protection & Professional Licensure Committee, would limit the total number of times a debt collector can communicate with a debtor by telephone to three such communications.… Continue reading Pennsylvania proposes to limit debt collection calls to three total.
TCPA Wireless Phone Verification Now Available
Our latest TCPA solution mitigates the risks of violating the Telephone Consumer Protection Act (TCPA) with the most accurate and up-to-date consumer contact information available to further mitigate risk along with our Wireless ID℠ solution. Instantly verify whether a specific phone number is wireless or wired line to learn if TCPA regulations apply and also… Continue reading TCPA Wireless Phone Verification Now Available