Robocalls

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District Court Rejects Argument That Text Messages Are Prerecorded Voice

A district court in California rejected a plaintiff’s argument in a Telephone Consumer Protection Act (TCPA) lawsuit that tried to establish a new avenue for text message claims. The court granted the defendant’s motion to dismiss, noting that the plaintiff’s claims that text messages constitute “prerecorded voice” messages flatly contradicts both the common sense and dictionary definitions of “voice.”

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

FCC Proposes Declaratory Ruling Stating That Ringless Voicemails Are Robocalls

Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced a new proposed Declaratory Ruling and Order that would affirm that ringless voicemail (RVM) technology is subject to the same Telephone Consumer Protection Act (TCPA) consent requirements as

A cake with candles that spell "HAPPY BIRTHDAY"

30 Years of the TCPA

Today is the 30 year anniversary of President George H.W. Bush signing the Telephone Consumer Protection Act (TCPA) into law. It is fitting that this anniversary is somewhat overlooked as, for the first two decades of its existence, the TCPA served its intended, modest purpose as a statute allowing individual consumers to bring lawsuits in small claims court.

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Just In Time for the Holidays, Court Allows Corporate Officer to Be Personally Sued

In what is becoming something of a December tradition, a court played the role of Bad Santa by allowing a plaintiff to name a corporate officer as personally liable in a Telephone Consumer Protection Act (TCPA) case.

Ohio Governor Signs Anti-Spoofing Law

Ohio has new regulations preventing the fraudulent use of phone number spoofing.

FCC Chair Proposes Rules to Block Robotexts

FCC Chair Rosenworcel proposes new rules to require mobile carries to block illegal text messages.

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Six Months After Facebook, the ATDS Landscape Begins to Take Shape

SCOTUS's decision in Facebook v. Duguid was six months ago. Let's look at how things stand.

The Epistolary FCC: Open Letters From the Senate To and About the FCC

One of the stranger sagas of the first year of Joe Biden’s presidency is his failure to nominate a permanent chair and fifth commissioner to the Federal Communications Commission (FCC).

Call Deliverability Is a Priority for Marketers in the STIR/SHAKEN Era

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991—eons ago with regards to telecommunications technology. At the time that the law was drafted and passed, one of the primary regulatory concerns was the then-prevalent practice of sending junk faxes. Now, in the smartphone era, regulators are far more concerned with robocalls.

FTC Fines New Jersey Septic Tank Cleaning Company $1.6 Million for DNC Violations

The Federal Trade Commission (FTC) reached an agreement with the owners of a New Jersey-based septic tank cleaning supplies company over robocall violations. The owners of the company will pay a fine of $1.6 million, accept a permanent ban on telemarketing, and turn over a residential property.

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