May 2023 TCPA Grab Bag

May 2023 was a busy news month for telemarketing compliance and deliverability. Florida passed significant amendments to the Florida Telephone Solicitation Act (FTSA), Maryland and New Jersey passed new telemarketing laws, and the Federal Communications Commission (FCC) shut down a global gateway provider. In fact, so much happened that we were unable to find the… Continue reading May 2023 TCPA Grab Bag

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

Recent Class Certification Against Bank Shows Risks of Wrong Numbers and Reassigned Numbers

A recent class certification ruling by the District Court in Arizona demonstrates several of the most dangerous aspects of the Telephone Consumer Protection Act (TCPA). The case—Head v. Citibank—stems from alleged violations committed by a bank while making collections calls. The class contains over a million people, many of whom may have received more than… Continue reading Recent Class Certification Against Bank Shows Risks of Wrong Numbers and Reassigned Numbers

Wrong Numbers Are a TCPA Risk

Wrong numbers sometimes take a backseat to reassigned numbers when discussing Telephone Consumer Protection Act (TCPA) risks. But they represent a similar sort of risk without counterbalancing features like the Reassigned Numbers Database (RND) and its associated safe harbor. Understanding why wrong numbers serve as a source of TCPA risk and implementing measures to mitigate that risk are essential parts of TCPA compliance.

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

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 Names Administrator for Reassigned Numbers Database

The Federal Communications Commission’s (FCC) reassigned number database was supposed to be available sometime this year, after delays in 2019. With only 3 weeks left in the year, it appears unlikely that they will meet that deadline. However, a new announcement shows that the FCC is still making slow progress on the project. The FCC… Continue reading FCC Names Administrator for Reassigned Numbers Database

CFPB Releases Final Debt Collection Rule

The Consumer Financial Protection Bureau (CFPB) released the final version of a debt collection rule that was last seen in proposed form back in May 2019. The rule, known as Regulation F, is a major update to the Fair Debt Collection Practices Act (FDCPA). This 653-page rule primarily serves to address how the law applies to… Continue reading CFPB Releases Final Debt Collection Rule

TCPA vs. DNC

Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.