Should Your Small Business Fear The TCPA?
For small business owners who use telemarketing, each call puts your business at risk of paying millions in fines under the TCPA. Are you familiar with the regulations and their court interpretations?
Credit Unions Petition FCC For TCPA Exemptions
On Friday, a petition was filed with the FCC seeking regulatory relief for credit unions from unnecessary requirements that restrict them from communicating with their own members.
7 Point FCC Strategy to Defeat Illegal Robocalls
The FCC adopted the Consumer Advisory Committee’s (CAC) recommendation for unwanted call blocking during their September 18th meeting. The intent of the seven action items is to focus on the importance of allowing voice-service providers the flexibility to address illegal robocalls in a way that does not inadvertently block legitimate business-to-consumer calls.
Reassigned Phone Numbers: The "One Call" Rule Solution
At the time that this blog entry was written, the "one call" rule was a relevant solution to the problem of reassigned numbers. However, in the wake of the D.C. Circuit's 2015 decision in ACA International v. FCC, the "one call" safe harbor no longer applies. This article has since been rewritten to reflect the current safe harbor status of reassigned numbers.
FCC Proposes Database of Reassigned Phone Numbers
On July 13, 2017, the FCC took action to address the issue of robocalls to reassigned phone numbers. They recognize that businesses or other robocallers that unknowingly call a reassigned number can annoy the new consumer and deprive the intended consumer of an expected call.
FCC Proposes Call Blocking By Service Providers
The FTC announced its support for the FCC’s effort to expand the definition of what constitutes an illegal call, continuing their trend to make life more difficult for telemarketers and robocallers.
Court of Appeals Strikes Down TCPA Fax Rule
On Friday, March 31, the D.C Circuit Court entered its ruling on Yaakov v. Federal Communications Commission vacating the part of the FCC's 2006 Fax Order that requires the inclusion of opt-out language on faxes that are sent with the prior consent of the recipient.
FCC Declares War on Robocallers with New Rules
In the past, phone companies have used automated blocking tools, but some complained that FCC rules against blocking calls prohibited them from aggressively targeting illegal telemarketers for fear of accidentally blocking legitimate callers.
FCC Solicits Comments on Petition to Redefine “Expressed Consent”
Cunningham and Moskowitz ask the FCC to redefine the "express consent" standard for non-marketing automated calls and texts to wireless phones. This would apply to automated collections calls, informational calls and the like.
FCC Denies Petition to Exempt Mortgage Servicing Calls
During the summer of 2016, the Mortgage Banking Association (MBA) petitioned the Federal Communications Commission (FCC) to have certain mortgage servicing calls exempt from the autodialer regulations in the TCPA. In the petition, the MBA argued that mortgage servicers are responsible for contacting borrowers and gathering important and urgent data.