FCC

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Recent Court Decisions Highlight How Costly the TCPA Can Be

As we find ourselves in limbo between the anticlimactic Barr Supreme Court case and the potentially momentous Facebook case, Telephone Consumer Protection Act (TCPA) litigation continue apace. Two recent court decisions illustrate just how expensive TCPA class actions can be for defendants and how lucrative they can be for plaintiffs attorneys.

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TCPA Risks for Political Campaigns

Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true. However, because political calls are not regulated in the same way as marketing calls it is important to understand the distinct character of TCPA regulations for political campaigns. This article outlines the regulations and requirements that govern this unique form of telephone solicitation.

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FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine

The Federal Communications Commission (FCC) has made enforcement of robocall violations, particularly those involving spoofed numbers, a top priority, particularly since the passage of the TRACED Act at the end of last year.

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FCC and FTC Warn Three Gateway Providers About COVID-Related Scam Robocalls

The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) issued letters to three gateway providers demanding that they shut off traffic to overseas robocallers whom the Commissions have identified as engaging in scam calls related to the COVID-19 pandemic.

How to Effectively Make Use of Telemarketing Safe Harbor Provisions

In the context of telemarketing, Safe Harbor is often a subject of confusion. This is unfortunate as understanding Safe Harbor and the multilayered rules and statutes that govern it is essential to successful compliance with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and both state and federal Do Not Call (DNC) Lists.

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Collections Compliance: the Laws that Govern the Collections Industry

Both telemarketing and debt collection are, quite literally, risky businesses. Both fields are highly regulated, governed by complex legislation, and subject to potentially expensive penalties and litigation. Compliance in either field is complicated enough on its own but compliance for debt collectors who use telephone solicitation in order to conduct their business imposes difficulties to an extent beyond the mere sum of the complexities of either field on its own.

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CFPB Asks FCC to Allow Robocalls from Banks About Financial Relief Programs Related to the Coronavirus Crisis

In an unusual move relative to its customary stance on such issues, the Consumer Financial Protection Bureau (CFPB) has requested that the Federal Communications Commission (FCC) ease restrictions on the use of automated phone calls by banks and financial institutions in order to communicate with consumers about the various financial relief programs and services available to the public in

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Second Circuit Follows Broad ATDS Definition from Marks

In the ongoing saga of what sorts of dialing technology is considered an automatic telephone dialing system (ATDS)—and thus subject to the Telephone Consumer Protection Act’s (TCPA) regulations on autodialers—the Second Circuit Court of Appeals has bucked recent trends and adopted the precedent of the Ninth Circuit’s extremely broad ATDS def

Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent

A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.

TRACED Act Signed Into Law

President Donald Trump signed the TRACED Act into law on December 30, 2019. The bill had passed both houses of Congress with near-unanimous, bipartisan support.

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