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.
Tag: Federal Legislation
State and Federal Enforcement Actions Present Unique Challenges for Marketers
On August 2, the attorneys general from all 50 states announced the creation of an Anti-Robocall Litigation Task Force. The purpose of this task force is “to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States.” This represents an escalation in the ongoing trend of state and federal regulators—often working together—directly enforcing telemarketing regulations rather than merely leaving things to private plaintiffs in lawsuits and class actions. These regulatory enforcement efforts present particular challenges for law-abiding callers.
July Grab Bag
The FCC and Ohio AG go after a robocaller, Perrong sues Oz, and the DC Circuit upholds the TRACED Act’s changes to TCPA exemptions.
Congress Proposes TCPA Bill That Would Change ATDS Definition
A group of seven Democratic members of the House of Representatives recently introduced a new bill to amend the Telephone Consumer Protection Act (TCPA). The bill is titled the Robotext Scam Prevention Act. Its provisions include: Changing the definition of automatic telephone dialing system (ATDS) such that it no longer includes the key phrase “using… Continue reading Congress Proposes TCPA Bill That Would Change ATDS Definition
New Data Privacy Legislation Looms in Several States and Possibly at Federal Level
The passage of Virginia’s new data privacy law—the Virginia Consumer Data Protection Act (VCDPA)—earlier this month has brought renewed attention to and likely spurred additional urgency with regards to the spate of similar data privacy laws making their way through multiple state legislatures. While not every one of these proposed laws will eventually be enacted,… Continue reading New Data Privacy Legislation Looms in Several States and Possibly at Federal Level
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
Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020
On Friday, two district court judges within the same district delivered rulings in Telephone Consumer Protection Act (TCPA) lawsuits that created a jurisdictional split on the constitutionality of the TCPA between November 2015 and June 2020. These decisions follow two others from this autumn that relate to the retroactive effects of the Supreme Court’s decision… Continue reading Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020
TRACED Act Signed Into Law
President Donald Trump signed the TRACED Act into law on December 30, 2019. The bill had passed both houses of Congress with near-unanimous, bipartisan support. The act—whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence—is a major piece of new legislation overhauling the regulation of robocalls. We have covered the law in… Continue reading TRACED Act Signed Into Law
Pallone-Thune TRACED Act Passes Senate, Awaits President’s Signature
The Senate passed the Pallone-Thune TRACED Act by voice vote on Thursday. It has previously passed the House of Representatives by a count of 417-3. President Trump is expected to sign it into law soon. The act—whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence—is sponsored by South Dakota Republican Senator John… Continue reading Pallone-Thune TRACED Act Passes Senate, Awaits President’s Signature
New House Bill Changing Arbitration Rules Could Have TCPA Implications
As one of their first acts upon returning from the August recess, the House of Representatives Judiciary Committee passed the Forced Arbitration Injustice Repeal (FAIR) Act. This bill could have consequences for Telephone Consumer Protection Act (TCPA) lawsuits in the unlikely event that it becomes enacted into law. The bill is primarily designed to address… Continue reading New House Bill Changing Arbitration Rules Could Have TCPA Implications