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Call Deliverability News Grab Bag

Call deliverability is becoming the most important frontier in regulatory battles for callers. Thanks to a confluence of factors, regulatory regimes have focused increasing attention on shutting off illegal robocall traffic before it can reach consumers, even if that comes at the expense of legitimate callers. Here are some recent news stories relating to this ongoing challenge.
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State and Federal Enforcement Actions Present Unique Challenges for Marketers

On August 2, the attorneys general from all 50 states announced the creation of an Anti-Robocall Litigation Task Force. The purpose of this task force is "to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States." This represents an escalation in the ongoing trend of state and federal regulators—often working together—directly enforcing telemarketing regulations rather than merely leaving things to private plaintiffs in lawsuits and class actions. These regulatory enforcement efforts present particular challenges for law-abiding callers.
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July Grab Bag

The FCC and Ohio AG go after a robocaller, Perrong sues Oz, and the DC Circuit upholds the TRACED Act's changes to TCPA exemptions.
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FCC Partners With States for Robocall Enforcement

The Federal Communications Commission (FCC) has been adopting a new strategy for enforcing robocall regulations that involves signing Memoranda of Understanding (MOU) with state attorneys general. In recent weeks, the FCC has announced MOUs with multiple states, usually in batches.

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The TCPA and Personal Liability

Litigation under the Telephone Consumer Protection Act (TCPA) generally targets companies, whether that means telemarketing companies or the sellers that hire them. But there is a legal precedent for TCPA complaints—and the potentially expensive penalties that go with them—to be filed against employees and corporate officers under a theory of individual liability.
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Call Deliverability Is a Priority for Marketers in the STIR/SHAKEN Era

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991—eons ago with regards to telecommunications technology. At the time that the law was drafted and passed, one of the primary regulatory concerns was the then-prevalent practice of sending junk faxes. Now, in the smartphone era, regulators are far more concerned with robocalls.