The TRACED Act (Telephone Robocall Abuse Criminal Enforcement and Deterrence Act) was sponsored by Senators John Thune (R-SD), Ed Markey (D-MA), and Roger Wicker (R-MS). Its purpose is to combat robocalls with stronger deterrents. As the volume of illegal calls has increased, so has the attention of regulators. They are especially concerned about calls from scammers… Continue reading What is the TRACED Act?
Tag: TCPA
Wisconsin Federal Court Vicarious Liability Ruling Could Spell Trouble for Platform Providers
A Wisconsin court issued a ruling this month that could result in more TCPA lawsuits against automated calling and texting platform providers. In the court’s ruling on Cunningham v. Montes, the court held that under the TCPA, providers of autodialing services can be held liable under vicarious liability for unlawful calls made using their platform. The lawsuit… Continue reading Wisconsin Federal Court Vicarious Liability Ruling Could Spell Trouble for Platform Providers
TCPA Debt Exemption Ruled Unconstitutional
In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption “unconstitutional” and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act). It was May… Continue reading TCPA Debt Exemption Ruled Unconstitutional
Bloomingdale’s Text Marketing Leads to $1.4M TCPA Settlement
Bloomingdale’s inadvertently violated TCPA laws by sending out promotional text messages to people who had opted into their “Loyalist Program”, but hadn’t specifically agreed to receive promotional or marketing text messages from the retailer.
FCC In Crisis: Seeks New TCPA Interpretation
FCC releases public notice seeking comments on reinterpreting the TCPA. March’s court ruling in ACA International v. FCC invalidated their interpretations of the TCPA. Now they are questioning the extent of their authority.
Robocall Scammer’s Historic $120 Million FCC Fine
The largest robocall fine in history was issued by the Federal Trade Commission (FCC). The $120 million fine against Adrian Abramovich was for making nearly 100 million robocalls over a three month period that spoofed CallerID.
FCC Petition Urges Narrower Meaning Of ATDS
A coalition of trade organizations filed a petition for a declaratory ruling with the Federal Communications Commission (FCC). The petition urges the FCC to clarify and narrow the scope of the TCPA’s definition of an “automatic telephone dialing system” (ATDS).
FCC Requests Comments On Reassigned Numbers Database
The FCC has issued a Notice of Proposed Rulemaking on reassigned telephone numbers. The commission is seeking industry input on the creation of a reassigned numbers database to help businesses and consumers avoid unwanted calls and text messages.
Vroom Wins TCPA Text Messaging Lawsuit
Vroom, Inc., an online car retailer, received a favorable ruling from the Southern District of Florida in March that is good news for business that use automated text messaging. The lawsuit dealt with the issue of consent and the type of consent required as defined by the TCPA.
$3.9 Million Settlement: Lawsuit Filing Fraud Alleged Against Debt Collector
Palisades Collection has settled a $3.9 million lawsuit in which the debt collector is alleged to have unlawfully sued customers of AT&T Wireless for the collection of debt. The lawsuit involves Palisades freezing their bank accounts and garnishing wages.