News

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Litigators Targeting Chat Bots for CIPA Wiretapping Claims

Back in June, we covered an unusual case, Javier v. Active Prospect, in which the Ninth Circuit issued an unpublished opinion in which it accepted a plaintiff’s argument that the use of Active Prospect’s TrustedForm screen recording technology to capture consumer consent could constitute illegal wiretapping under the California Invasion of Privacy Act (CIPA).

A businesswoman is talking on two phones—one black, one red—at the same time

Ninth Circuit Affirms That B2B Texts Are Subject to the TCPA

Last week the Ninth Circuit issued a ruling in a Telephone Consumer Protection Act (TCPA) class action reversing a lower court decision on the application of the TCPA’s regulations to business-to-business (B2B) text messages.

Recent Multimillion-Dollar Settlements Show TCPA Danger Remains

Sometimes it may mistakenly seem as if all is quiet on the Telephone Consumer Protection Act (TCPA) front. However, these seeming trends do not mean that the dangers of TCPA have abated in any significant way.

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Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims

Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits.

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

FCC Proposes Extending STIR/SHAKEN Protocols to Text Messages

Yesterday, the Federal Communications Commission (FCC) released a notice of proposed rulemaking (NPRM) the relates to a potential plan to extend STIR/SHAKEN call authentication protocols to text messages.

2022 October Restricted Do Not Call Dates

Calls to these States on restricted Do Not Call (DNC) dates could result in a potential State violation:

State Restricted Do Not Call Dates

October 10, 2022 – Columbus Day

Alabama*, Louisiana, Pennsylvania, Rhode Island, Utah

*Columbus Day & Fraternal Day

Canadian Restricted Do Not Call Dates

October 10, 2022 – Thanksgiving Day

National

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.