It has been three months since the Supreme Court’s monumental ruling in Facebook v. Duguid. Just as we did at the one month mark, we will examine some of the notable, recent Telephone Consumer Protection Act (TCPA) cases in order to discern the notable trends in TCPA litigation. The Facebook decision centered on setting a… Continue reading Post-Facebook TCPA Litigation Update
Tag: 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
FCC Chair Rosenworcel Announces Additional Robocall Actions
Following up on last month’s actions, the Federal Communications Commission (FCC) has announced a set of three robocall actions under the tenure of Acting Chair Jessica Rosenworcel. These actions are largely focused on telecom carriers. The the FCC’s Consumer and Governmental Affairs Bureau issued a Public Notice to phone companies and call-blocking technology developers asking… Continue reading FCC Chair Rosenworcel Announces Additional Robocall Actions
Acting FCC Chair Rosenworcel Announces Anti-Robocall Agenda
Acting Chair of the Federal Communications Commission Jessica Rosenworcel has announced her first major agenda items relating to the Commission’s ongoing project to regulate robocalls. The actions, as explained in a FCC press release, involve finishing actions from last year and announcing new efforts by the Commission. The actions themselves include the following: Official FCC… Continue reading Acting FCC Chair Rosenworcel Announces Anti-Robocall Agenda
What Is a Robocall?
The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.
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
Supreme Court Oral Arguments on TCPA Case Focus on Grammar and Technology
The Supreme Court heard oral arguments in Facebook v. Duguid on the morning of Tuesday, December 8. This was the second major Telephone Consumer Protection Act (TCPA) case to be heard in front of the Supreme Court this year. As expected, the arguments centered on the TCPA’s definition of automatic telephone dialing system (ATDS). The… Continue reading Supreme Court Oral Arguments on TCPA Case Focus on Grammar and Technology
FCC Chairman Ajit Pai Will Step Down in January
Federal Communications Commission (FCC) Chairman Ajit Pai announced on Monday that he will leave the commission on January 20, 2021, the date that Joe Biden is expected to be inaugurated as president. While Pai’s term as Chairman was not set to end until June 2021, this decision to step down follows the usual precedent when… Continue reading FCC Chairman Ajit Pai Will Step Down in January
Is the TCPA Only for Cell Phones?
The TCPA regulates all sorts of telemarketing activity, including calls to every type of phone number. This article will explain how the TCPA’s restrictions on the use of an automatic telephone dialing system (ATDS) to call cell phone numbers fits into the law’s overall regulatory framework.