News

The Federal Communications Commission (FCC) has released a Report and Order modifying the requirements for certain exemptions to the Telephone Consumer Protection Act (TCPA).

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.

One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk.

The Federal Communications Commission (FCC) released a Declaratory Ruling and Order last week addressing a petition regarding soundboard technology. The Ruling comes in response to petitions from NorthStar Alarm Services, LLC and Yodel Technologies LLC.

A milestone has been reached with the announcement of the first settlement for a California Consumer Privacy Act (CCPA) class action. The parties in the lawsuit against Hanna Andersson, a retailer of high end children's apparel, reached an agreement last month to settle the case for $400,000.

State Restricted Do Not Call Dates

January 1, 2021 – New Year’s Day

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

January 8, 2021 – Battle of New Orleans

• Louisiana* 

January 18, 2021 – Dr. Martin Luther King, Jr. Day

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

January 19, 2021 - Robert E. Lee Day

• Louisiana

January 20, 2021 - Inauguration Day

• Louisiana***

January 30, 2021 - Pennsylvanians with Disabilities Day

• Pennsylvania

On Friday, two district court judges within the same district delivered rulings in Telephone Consumer Protection Act (TCPA) lawsuits that created a jurisdictional split on the constitutionality of the TCPA between November 2015 and June 2020.

The Federal Communications Commission’s (FCC) reassigned number database was supposed to be available sometime this year, after delays in 2019. With only 3 weeks left in the year, it appears unlikely that they will meet that deadline.

The Senate confirmed Nathan Simington as a Commissioner on the Federal Communications Commission (FCC). The confirmation vote, which fell along party lines 49-46, was somewhat surprising as Senate Majority Leader Mitch McConnell had not been expected to prioritize it over other procedural moves with the Senate’s limited time remaining before the end of this year’s session.