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Senate Overwhelmingly Approves TRACED Act

On Thursday May 23rd, 2019, the Senate approved the TRACED Act which will dramatically increase fines for illegal robocalls. The bill passed with an overwhelming 97-1 vote. Only a single vote from Senator Rand Paul (R-KY) was against the legislation. The TRACED Act’s next stop is the House of Representatives.

TCPA Debt Exemption Ruled Unconstitutional

In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption "unconstitutional" and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act).

Illegal Robocaller Banned from Telemarketing

The FTC has banned Justin Ramsey and his company, Prime Marketing LLC, from any kind of telemarketing that involves robocalling or dialing numbers on the National Do Not Call Registry. Mr. Ramsey is accused of using two companies to make millions of illegal robocalls to consumers on the National DNC Registry without their consent.

Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA

The United States District Court for the Western District of Washington just granted summary judgment for the defendant in a case that is great news for the dialer vendor industry. The court held that CallFire, a dialer vendor that simply transmits messages on behalf of their clients, was a common carrier, and therefore exempt from the TCPA.

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