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Gigi Sohn Withdraws Nomination as FCC Commissioner

The long, unusual saga of President Joe Biden’s attempts to fully staff the Federal Communications Commission (FCC) has taken another unexpected twist with Gigi Sohn’s announcement that she has withdrawn her nomination to fill the long vacant fifth commissioner seat.

Court Allows TCPA Claims by Serial Plaintiff to Go to Trial

Earlier this month, a magistrate judge allowed a Telephone Consumer Protection Act (TCPA) complaint filed by a notorious serial plaintiff to move forward to trial despite evidence potentially indicating that his claims were manufactured. This decision demonstrates the risks that these sorts of serial plaintiffs pose.

January Compliance and Deliverability News Grab Bag

Once again, there are  a number of notable stories from the past month relating to Telephone Consumer Protection Act (TCPA) compliance, Florida Telephone Solicitation Act (FTSA) compliance, and call deliverability that are worth gathering in one blog post.

2023 February Restricted Do Not Call Dates

State Restricted Do Not Call Dates

February 20, 2023 – Washington’s Birthday

  • Alabama*, Louisiana**, Mississippi, Pennsylvania***, Rhode Island, Utah****

February 21, 2023 - Mardi Gras

  • Louisiana

Canadian Restricted Do Not Call Dates

February 20, 2023 – Family Day 

  • New Brunswick, Alberta, Manitoba, Ontario, Saskatchewan & British Columbia

* George Washington's and Thomas Jefferson's Birthday

** Statutory, not enforced

***Presidents’ Day

****Washington and Lincoln Day

Real Estate Company Reaches $40 Million TCPA Settlement

Real estate franchisor Keller Williams agreed to settle a Telephone Consumer Protection Act (TCPA) class action for $40 million. The settlement is in response to complaints covering a wide variety of alleged violations—National Do Not Call (DNC) Registry violations, internal DNC list violations, prerecorded voice violations, and automatic telephone dialing system (ATDS) violations.