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.

TRACED Act NPRM: FCC Will Review TCPA Exemptions

The Federal Communications Commission (FCC) has released a Notice of Proposed Rulemaking (NPRM) outlining the next steps in the Commission’s ongoing efforts to implement the TRACED Act. This next round of rulemaking specifically pertains to the TRACED Act’s requirement’s related to exemptions to the Telephone Consumer Protection Act’s (TCPA) consent requirements for the use of… Continue reading TRACED Act NPRM: FCC Will Review TCPA Exemptions

FTC Fines VoIP Service Provider $2 Million for TSR Violations

The Federal Trade Commission (FTC) and the State of Ohio have announced that they are fining Globex Telecom, Inc.—a Voice over Internet Protocol (VoIP) service provider—approximately $2 million for violating multiple consumer protection regulations, including the Telemarketing Sales Rule (TSR) and Ohio’s Telephone Solicitation Sales Act. Globex, their former president and CEO Mohammed Souheil, and… Continue reading FTC Fines VoIP Service Provider $2 Million for TSR Violations

FCC Adopts Previously Proposed SHAKEN/STIR Rules

Two weeks ago, we reported that the Federal Communications Commission (FCC) had proposed new rules relating to the implementation of SHAKEN/STIR call authentication protocols as a part of the Commission’s ongoing efforts to put the TRACED Act into practice. At the time, the FCC announced that it would vote on whether or not to officially… Continue reading FCC Adopts Previously Proposed SHAKEN/STIR Rules

Court Allows One Call TCPA Class Action to Proceed

If there is one constancy in Telephone Consumer Protection Act (TCPA) litigation, it is its inconsistency. Differing jurisdictional precedents; differing interpretations of dialing technology; and evolving, sometimes contradictory Federal Communications Commission (FCC) rulemaking combine with the usual idiosyncrasies and vagaries of the court system to produce a legal ecosystem in which one court can rule… Continue reading Court Allows One Call TCPA Class Action to Proceed

FCC Approves Safe Harbors for Phone Companies Who Block Calls

As part of its ongoing efforts to implement the TRACED Act, the Federal Communications Commission (FCC) has approved new safe harbors for phone companies that implement call blocking technologies. These safe harbors come in response to concerns from phone service providers that the technology used to block unwanted robocalls could also inadvertently block legitimate calls,… Continue reading FCC Approves Safe Harbors for Phone Companies Who Block Calls

FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine

The Federal Communications Commission (FCC) has made enforcement of robocall violations, particularly those involving spoofed numbers, a top priority, particularly since the passage of the TRACED Act at the end of last year. The latest element of this ongoing project is the largest proposed fine in the FCC’s history, $225 million, against a Texas-based health… Continue reading FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine

FCC and FTC Warn Three Gateway Providers About COVID-Related Scam Robocalls

The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) issued letters to three gateway providers demanding that they shut off traffic to overseas robocallers whom the Commissions have identified as engaging in scam calls related to the COVID-19 pandemic. In the press release accompanying the letters, FCC Chairman Ajit Pai is quoted as saying,… Continue reading FCC and FTC Warn Three Gateway Providers About COVID-Related Scam Robocalls

FCC Continues to Implement Provisions of the TRACED ACT

The Pallone-Thune TRACED Act was signed into law on December 30, 2019 as a major piece of legislation governing the regulation of robocalls. Last week, the Federal Communications Commission (FCC) continued its implementation of the TRACED Act, announcing new rules and seeking public comment on another proposed rule. On April 28, the FCC issued a… Continue reading FCC Continues to Implement Provisions of the TRACED ACT