TCPA & Teleservices

September 16, 2020
U.S. Government Encourages Narrow ATDS Definition

In an amicus curiae brief filed with the U.S. Supreme Court in connection with the Court’s consideration of Facebook v. Duguid, et al., the U.S. Government requested the Court narrowly

September 9, 2020
FCC Releases Draft STIR/SHAKEN Order

The Federal Communications Commission (FCC) released its Tentative September 30th Open Meeting Agenda. Notably, the agenda includes a draft STIR/SHAKEN Order. It continues the FCC’s implementation of the TRACED Act

September 9, 2020
TCPA Compliance for Political Calls

Political campaigns are in full swing. Soon candidates and political parties will be calling and texting to solicit money, votes, opinions, or all three. Political campaigns are not exempt from

August 4, 2020
Sixth Circuit Weighs in on ATDS Definition

Last week, in Allan v. Pa. Higher Educ. Assistance Agency, the Sixth Circuit became the latest court of appeals to consider what functionality a system must possess to be an

July 30, 2020
FCC Selects Industry Traceback Group to Lead Illegal Robocall Source Identification Efforts

On July 27, 2020, the FCC’s Enforcement Bureau designated USTelecom’s Industry Traceback Group (ITG) as the official consortium to coordinate efforts to trace back the source of illegal robocalls. ITG

July 9, 2020
U.S. Supreme Court Agrees to Take On ATDS Definition Case

The U.S. Supreme Court has agreed to hear arguments in Duguid v. Facebook, a case that will hopefully settle at last how an automatic telephone dialing system (ATDS) is defined

July 6, 2020
BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA

In 2015, Congress exempted calls made to collect debts owed to or guaranteed by the United States from the TCPA’s autodialer restrictions. Today, in Barr v. American Association of Political

July 6, 2020
FCC Reaffirms Click-to-Text Platforms are Not Automatic Telephone Dialing Systems

The Federal Communications Commission (“FCC”) has issued a Declaratory Ruling reaffirming that click-to-text systems requiring human intervention for each individual text message are not automatic telephone dialing systems (“ATDS”). The

June 22, 2020
52 Attorneys General Seek to Ramp Up Enforcement on Illegal Robocalls

The state attorneys general (“AGs”) have signaled that they are ramping up their efforts to combat illegal telephone calls. Fifty-two AGs, including American Samoa and Puerto Rico, recently issued a

June 12, 2020
Eastern District of California Further Defines Reasonable Revocation of Consent in TCPA Case

In the 2017 case ACA v. FCC, the D.C. Circuit Court confirmed prior Federal Communications Commission (FCC) guidance that Telephone Consumer Protection Act (TCPA) consent to be called can be