Ninth Circuit Affirms That B2B Texts Are Subject to the TCPA

Last week the Ninth Circuit issued a ruling in a Telephone Consumer Protection Act (TCPA) class action reversing a lower court decision on the application of the TCPA’s regulations to business-to-business (B2B) text messages. In Chennette v. Porch.com, the plaintiffs accused the defendant of sending more than 7,500 B2B text messages offering client leads to… Continue reading Ninth Circuit Affirms That B2B Texts Are Subject to the TCPA

FCC Proposes Extending STIR/SHAKEN Protocols to Text Messages

Yesterday, the Federal Communications Commission (FCC) released a notice of proposed rulemaking (NPRM) the relates to a potential plan to extend STIR/SHAKEN call authentication protocols to text messages. As explained in the accompanying press release, the NPRM “proposes requiring mobile wireless providers to block texts, at the network level, that purport to be from invalid,… Continue reading FCC Proposes Extending STIR/SHAKEN Protocols to Text Messages

Call Deliverability News Grab Bag

Call deliverability is becoming the most important frontier in regulatory battles for callers. Thanks to a confluence of factors, regulatory regimes have focused increasing attention on shutting off illegal robocall traffic before it can reach consumers, even if that comes at the expense of legitimate callers. Here are some recent news stories relating to this ongoing challenge.

Political Campaigns Must Contend with New 10DLC Rules

Tuesday, November 8 is election day in what is shaping up to be a busy midterm election year. That means that political campaigns, and the communications and marketing professionals that they hire, are sending campaign-related text messages in enormous volumes. Political campaign messages are afforded some exemptions and privileges under the Telephone Consumer Protection Act… Continue reading Political Campaigns Must Contend with New 10DLC Rules

FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare

Late last month, the Department of Health and Human Services (HHS) wrote an open letter to the Federal Communications Commission (FCC) requesting clarification on Telephone Consumer Protection Act (TCPA) rules with regards to healthcare-related messages. Specifically, HHS is inquiring about “text messages and automated, pre-recorded calls [that] would be made to encourage those individuals to… Continue reading FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare

April Compliance News Roundup

The world of marketing compliance is complex and fast-paced. Sometimes important news and developments can be missed. This post collects some of the most important news of the past month that we have not yet covered. Washington Passes New State Telemarketing Amendments On March 31, Washington Governor Jay Inslee signed new amendments into law that… Continue reading April Compliance News Roundup

March Telemarketing Compliance Roundup

A lot happens in the world of Telephone Consumer Protection Act (TCPA) regulations and it can be easy to miss some important stories. This is a roundup of such stories, making sure that they don’t fall between the cracks of our larger TCPA news coverage. Court Rules that Eye Doctor Can’t Claim 2012 TCPA Healthcare… Continue reading March Telemarketing Compliance Roundup

FCC Proposes Declaratory Ruling Stating That Ringless Voicemails Are Robocalls

Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced a new proposed Declaratory Ruling and Order that would affirm that ringless voicemail (RVM) technology is subject to the same Telephone Consumer Protection Act (TCPA) consent requirements as prerecorded calls. If enacted, it would find that “ringless voicemails are, in fact, ‘calls’ that require consumers’ prior express consent.” The… Continue reading FCC Proposes Declaratory Ruling Stating That Ringless Voicemails Are Robocalls