FCC Rulemaking

FCC Solicits Comments on NorthStar Soundboard Technology Petition

In January of this year, NorthStar Alarm Services, LLC filed a petition with the FCC asking the agency to rule that soundboard technology, also known as avatar, does not fall under the definition of a prerecorded message under the TCPA.

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.

FCC Petition Urges Narrower Definition of ATDS

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.

DC Circuit Ruling on 2015 TCPA Omnibus Order

DC Circuit Issues Decision On The FCC’s 2015 TCPA Order

On Friday, March 16, 2018, the D.C. Circuit at last issued its long awaited decision on the challenge to the FCC's 2015 Omnibus Declaratory Ruling and Order. The court’s decision addressed claims that the FCC exceeded its authority in defining key elements of the TCPA.

FCC Issues Second Further Notice of Proposed Rulemaking on Reassigned Numbers

As part of their continued effort to reduce illegal robocalls, specifically to reassigned numbers, the FCC issued a new Notice of Proposed Rulemaking last week. The purpose of the Second Further Notice of Proposed Rulemaking is to seek comments on ways to address the reassigned numbers problem.

FCC Call Blocking Response From Telemarketing Industry

FCC Call Blocking Notice: The Industry Responds

As you recall, the rules provided FCC approval for phone companies to block calls that appeared to originate from invalid, unallocated or unassigned numbers. The FCC, in recognition of potential pitfalls, sought comment on the call blocking mitigation options, including the need for a challenge mechanism for erroneously blocked calls.

TCPA Watch List: Issues For 2018

The TCPA continues as the statute of choice among plaintiffs and class action attorneys. Many of the problems that were inherent of the TCPA in 2017 are still with us as we move forward into what we expect to be a better year for businesses and telemarketing in particular.

FCC Approves New Robocall Blocking Rules

The FCC announced their approval of new rules that allow phone companies to proactively block calls that are believed to be illegal robocalls.

FCC Petition Seeks Comments on Liability for Tech Errors

TCPA Petition Seeks Safe Harbor For Technical Errors

A new TCPA petition has been filed with the FCC and the agency is now seeking public comments. Outcome Health is seeking clarification on the rule that an unknowable text messaging technical error is protected from liability under the 2012 Soundbite Declaratory Ruling.

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