Tag: FCC Rulemaking

30 Years of the TCPA

Today is the 30 year anniversary of President George H.W. Bush signing the Telephone Consumer Protection Act (TCPA) into law. It is fitting that this anniversary is somewhat overlooked as, for the first two decades of its existence, the TCPA served its intended, modest purpose as a statute allowing individual consumers to bring lawsuits in… Continue reading 30 Years of the TCPA

Call Deliverability Is a Priority for Marketers in the STIR/SHAKEN Era

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991—eons ago with regards to telecommunications technology. At the time that the law was drafted and passed, one of the primary regulatory concerns was the then-prevalent practice of sending junk faxes. Now, in the smartphone era, regulators are far more concerned with robocalls.

Summer Compliance News Roundup

2021 has already been an eventful year for compliance. A number of stories have understandably held the attention of the marketing and compliance industries, including Florida’s new telemarketing law and the ongoing consequences of the Supreme Court’s decision in Facebook v. Duguid. However, a number of other notable stories deserve some attention. This article will… Continue reading Summer Compliance News Roundup

FCC Proposes Moving Up Deadline for Small Providers to Adopt STIR/SHAKEN

UPDATE 5/24/2021 The FCC voted to adopt this rule at its meeting on May 21, 2021. Late last month, the Federal Communications Commission (FCC) released a Third Further Notice of Proposed Rulemaking (FNPRM) about the adoption of STIR/SHAKEN call authentication protocols. In the FNPRM, the FCC discusses the possibility of moving up the deadline for… Continue reading FCC Proposes Moving Up Deadline for Small Providers to Adopt STIR/SHAKEN

National Republican Senatorial Committee Faces TCPA Lawsuit

A wide variety of different kinds of political campaigns have been the recipients of Telephone Consumer Protection Act (TCPA) lawsuits. These sorts of lawsuits have involved campaigns at the federal level down to the local level and have targeted members of both parties. The latest TCPA lawsuit against a political campaign involves the National Republican… Continue reading National Republican Senatorial Committee Faces TCPA Lawsuit

FCC Issues Declaratory Ruling on Pharmaceutical Trial Recruitment Calls

The Federal Communications Communication (FCC) granted a petition for a Declaratory Ruling relating to an exemption from the Telephone Consumer Protection Act (TCPA) for non-marketing calls aiming to recruit participants for pharmaceutical trials. The petition was originally filed by Acurian, Inc. in 2014. The ruling relates to an exemption from the TCPA’s restrictions against “making… Continue reading FCC Issues Declaratory Ruling on Pharmaceutical Trial Recruitment Calls

FCC Reviews TCPA Exemptions as Mandated by the TRACED Act

The Federal Communications Commission (FCC) has released a Report and Order modifying the requirements for certain exemptions to the Telephone Consumer Protection Act (TCPA). These modifications follow a review of those exemptions first announced in October as a part of the FCC’s efforts to fulfill Section 8 of the TRACED Act. The main thrust of… Continue reading FCC Reviews TCPA Exemptions as Mandated by the TRACED Act

One Year Later: Tracking the Implementation of the TRACED Act

December 30, 2020 marks the one year anniversary of President Donald Trump signing the Pallone-Thune TRACED Act into law. The law, whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence, is the first major federal telemarketing legislation in more than a decade. An addition to the Telephone Consumer Protection Act (TCPA),… Continue reading One Year Later: Tracking the Implementation of the TRACED Act

FCC Declaratory Ruling Reaffirms Consent Standards for Soundboard Technology

The Federal Communications Commission (FCC) released a Declaratory Ruling and Order last week addressing a petition regarding soundboard technology. The Ruling comes in response to petitions from NorthStar Alarm Services, LLC and Yodel Technologies LLC. The FCC essentially reaffirms the status quo, which is that soundboard technology—also known as “avatar tehcnology”—must conform to the same… Continue reading FCC Declaratory Ruling Reaffirms Consent Standards for Soundboard Technology