FCC Rulemaking

FCC finally gets around to issuing clarification on Efaxes

On September 25, 2009, Westfax, Inc. filed a petition for clarification as to whether electronic faxes are treated the same as regular faxes under the TCPA. Almost 6 years later, the FCC finally got around to responding by way of an eight page declaratory ruling.

Court applies new FCC Order in TCPA case, but ignores future capacity standard

This week, in the case of Luna v. Shac, LLC et al., the District Court for the Northern District of California issued one of its first post FCC Declaratory Ruling decisions regarding the interpretation of an ATDS under the TCPA.

Review of FCC’s new Declaratory Ruling and Order

n June 18, 2015 the FCC held an open meeting during which they voted to approve an omnibus package of declaratory rulings (the “Order”) that address 21 petitions received by the FCC concerning the interpretation and implementation of the Telephone Consumer Protection Act (“TCPA”).

FCC TCPA Declatory Ruling Released

Commission Responds to Requests from Businesses and Attorneys General for Guidance on Robocall Blocking, Autodialers, Recycled Phone Numbers and More.

The business community is on edge awaiting the full text of the FCC’s declaratory ruling

On June 18, 2015, during the FCC’s open meeting, the Commissioners voted 3-2 (along party lines) to adopt a package of declaratory rulings that respond to a number of petitions seeking clarification on the FCC’s rules under the TCPA.

Federal government taking steps to clarify the TCPA

Both the Eleventh Circuit Court of Appeals and the FCC have taken helpful steps in clarifying some of the many unresolved issues facing businesses under the TCPA.

Happy New year from the TCPA!

2014 saw an increase in TCPA litigation, especially class action litigation, as well as significant FTC and FCC enforcement. In 2014, we grappled with what the new “written consent” standard meant, and dozens of TCPA-related petitions were filed with the FCC. New risks related to VoIP and wireless lines emerged.

TCPA Compliance Case Update: Favorable ruling in California on ATDS Issue and Fax Opt Out Clarified by FCC

In the case of Marks v. Crunch Sand Diego, LLC., the court held that the defendant’s web-based system that was used to send text messages was not an automatic telephone dialing system.

TCPA Wireless Compliance Cliff: Lessons Learned One Year Later

One year ago today, significant TCPA changes involving cell phones and autodialers went into effect, forever changing our industry. So, what is the state of the regulatory environment one year after the TCPA compliance cliff?

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