District Court Rejects Argument That Text Messages Are Prerecorded Voice

A district court in California rejected a plaintiff’s argument in a Telephone Consumer Protection Act (TCPA) lawsuit that tried to establish a new avenue for text message claims. The court granted the defendant’s motion to dismiss, noting that the plaintiff’s claims that text messages constitute “prerecorded voice” messages flatly contradicts both the common sense and dictionary definitions of “voice.”

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

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

The Epistolary FCC: Open Letters From the Senate To and About the FCC

One of the stranger sagas of the first year of Joe Biden’s presidency is his failure to nominate a permanent chair and fifth commissioner to the Federal Communications Commission (FCC). We covered this issue back in June when more than 50 advocacy groups published an open letter urging the president to fill the open slot.… Continue reading The Epistolary FCC: Open Letters From the Senate To and About the FCC

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.

FTC Fines New Jersey Septic Tank Cleaning Company $1.6 Million for DNC Violations

The Federal Trade Commission (FTC) reached an agreement with the owners of a New Jersey-based septic tank cleaning supplies company over robocall violations. The owners of the company will pay a fine of $1.6 million, accept a permanent ban on telemarketing, and turn over a residential property. The company is owned by three brothers named… Continue reading FTC Fines New Jersey Septic Tank Cleaning Company $1.6 Million for DNC Violations