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January Compliance and Deliverability News Grab Bag

Once again, there are  a number of notable stories from the past month relating to Telephone Consumer Protection Act (TCPA) compliance, Florida Telephone Solicitation Act (FTSA) compliance, and call deliverability that are worth gathering in one blog post.

A silhouette of a man jumping from a cliff that is labeled 2022 to one that is labeled 2023, seascape at sunset in the background

TCPA Outlook for 2023 Webinar Recap

Earlier today we hosted a webinar, TCPA Outlook for 2023 with Czar of TCPAWorld, Eric J. Troutman. It was a wide ranging, informative, somewhat off the cuff discussion between Eric and Contact Center Compliance Director of Compliance Services, Arvell Craig. They covered the current state of the marketing and calling industry and what likely lies in the year ahead.

Entrance to the William Kenzo Nakamura United States Courthouse in Seattle, location of the 9th Circuit Court of Appeals

Ninth Circuit Rules That TCPA ATDS Restrictions Apply Only to Devices That Randomly Generate Phone Numbers

The process of Circuit Courts interpreting and applying the Supreme Court’s automatic telephone dialing system (ATDS) definition from the Facebook v. Duguid decision reached another milestone when the notorious Ninth Circuit ruled in Borden v. Efinancial, LLC that the Telephone Consumer Protection Act’s (TCPA) ATDS restrictions should only apply to devices that “generate and dial random or sequential telephone numbers”.
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.
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Third Circuit Ruling Involves Expansive Autodialer Definition

The Third Circuit Court of Appeals handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) class action that managed to set conflicting precedents on autodialer claims. Ultimately, the court ruled in favor of the defendant in Panzarella v. Navient Solutions, Inc. but the specifics of the ruling could prove influential on future litigation.