News

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.

A scale of justice and gavel in the foreground, somebody signing a contract in the background

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.

woman standing by at political campaign by voting ballot smiling doing phone gesture with hand and fingers like talking on the telephone and holding a patriotic button that says, "vote"

Political Calls Remain a Target of Litigation

As election day approaches, TCPA lawsuits over political calls and texts are being filed, even in disregard of recent Supreme Court precedent.

A frieze above the entrance to the FTC building

FTC Announces DNC List Fees Will Increase in 2023

The Federal Trade Commission (FTC) announced the fee increases for accessing the National Do Not Call (DNC) Registry in the fiscal year 2023.

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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