As we reach the middle of the summer, we are approaching the homestretch of an election year. This means, among other things, that we are near a high water mark for political messaging by means of telephone solicitation. Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true.
A Georgia state legislator faces a class action for alleged Telephone Consumer Protection Act (TCPA) violations committed in service of her campaign for a congressional seat.
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.
The Federal Communications Commission (FCC) issued a Declaratory Ruling holding that click-to-text platforms will not be considered to be Automatic Telephone Dialing Systems (ATDS) if the phone number is manually added each time.
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 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 world of telemarketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text platforms are one of the riskiest of all, in large part because the telemarketers who use them are often not aware of the risks.
According to Cornell Law School’s Legal Information Institute, a “Safe Harbor” is “a provision granting protection from liability or penalty if certain conditions are met. A safe harbor provision may be included in statutes or regulations to give peace of mind to good-faith actors who might otherwise violate the law on technicalities beyond their reasonable control.”
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.
Both telemarketing and debt collection are, quite literally, risky businesses. Both fields are highly regulated, governed by complex legislation, and subject to potentially expensive penalties and litigation.