Federal Legislation

A woman seated on a couch looks at her phone, makes a disgusted face, and incredulous hand gesture

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.

The entrance to the FCC offices in Washington, D.C.

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.

woman taking out a portable speaker from a bag on beach during sunset

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.

The US Capitol building shown at dusk, with the building's reflection apparent in a reflecting pool

Congress Proposes TCPA Bill That Would Change ATDS Definition

A group of seven Democratic members of the House of Representatives recently introduced a new bill to amend the Telephone Consumer Protection Act (TCPA). The bill is titled the Robotext Scam Prevention Act. Its provisions include:

New Data Privacy Legislation Looms in Several States and Possibly at Federal Level

The passage of Virginia’s new data privacy law—the Virginia Consumer Data Protection Act (VCDPA)—earlier this month has brought renewed attention to and likely spurred additional urgency with regards to the spate of similar data privacy laws making their way through multiple state legislatures.

One Year Later: Tracking the Implementation of the TRACED Act

December 30, 2020 marks the one year anniversary of President Donald Trump signing the Pallone-Thune TRACED Act into law. The law, whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence, is the first major federal telemarketing legislation in more than a decade.

Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020

On Friday, two district court judges within the same district delivered rulings in Telephone Consumer Protection Act (TCPA) lawsuits that created a jurisdictional split on the constitutionality of the TCPA between November 2015 and June 2020.

TRACED Act Signed Into Law

President Donald Trump signed the TRACED Act into law on December 30, 2019. The bill had passed both houses of Congress with near-unanimous, bipartisan support.

Official portraits of Congressman Frank Pallone and Senator John Thune

Pallone-Thune TRACED Act Passes Senate, Awaits President’s Signature

The Senate passed the Pallone-Thune TRACED Act by voice vote on Thursday. It has previously passed the House of Representatives by a count of 417-3. President Trump is expected to sign it into law soon.

New House Bill Changing Arbitration Rules Could Have TCPA Implications

As one of their first acts upon returning from the August recess, the House of Representatives Judiciary Committee passed the Forced Arbitration Injustice Repeal (FAIR) Act. This bill could have consequences for Telephone Consumer Protection Act (TCPA) lawsuits in the unlikely event that it becomes enacted into law.

Action Menu