TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Oct 19, 2021

New Regulation of Text Messaging Services Proposed by FCC Acting Chair Rosenworcel

The Federal Communications Commission appears to be headed in the same direction with the regulation of texting and SMS platforms that it has with telephone service providers. Currently, the FCC requires voice service providers to either comply with STIR/SHAKEN (sign calls using digital certificates) or, if a Small Voice Service Provider, register with the FCC’s Robocall Mitigation Database. Voice services [...]

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Oct 07, 2021

TCPA Laws at the State Level: What You Need To Know

A Q&A with Michele Shuster, Managing Partner at Mac Murray & Shuster LLP The Telephone Consumer Protection Act (TCPA), first signed into law in 1991, is a federal act regulating the telemarketing industry. The TCPA includes regulation of autodialed phone calls, those that use pre-recorded or artificial voices, as well as communications made via texts and faxes. It includes the [...]

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Oct 05, 2021

TCPA Class Actions: 7 Steps to Guide a Successful Mediation

Resolution of class-based claims based on liability under the Telephone Consumer Protection Act (TCPA) often presents a complicated variety of factors, including publicity, court approval requirements, notice to government regulators, and potential for future liability. With statutory damages under the TCPA ranging between $500-$1,500 per violation, just one noncompliant marketing campaign can result in hundreds of millions of dollars in [...]

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Oct 04, 2021

Keeping Political Calls Compliant with the TCPA

It’s finally Fall, the leaves are turning, and political campaigns are in full swing. As candidates and political parties initiate calls and texts to solicit money, votes, opinions, or all three, it’s important to remember that political campaigns are not exempt from the Telephone Consumer Protection Act (TCPA) or similar state telemarketing regulations. The U.S. Supreme Court affirmed this position [...]

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Aug 13, 2021

Announcing NAAG’s Robocall Virtual Summit, September 8-9, 2021

Historically, State Attorneys General have led consumer protection enforcement efforts in the United States.  The same is becoming true for enforcement against illegal robocalls. Ohio and Michigan, along with the Federal Trade Commission, announced this week that they will co-host a National Association of Attorneys General “Robocall Virtual Summit.” The session will include “sessions explaining the robocall business ecosystem, the [...]

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Jul 11, 2021

TCPA Requirements FAQ

The federal Telephone Consumer Protection Act (TCPA; 47 U.S.C. § 227) and its implementing regulations (47 C.F.R. § 64.1200) regulate the use of automatic telephone dialing systems (ATDS) and artificial or prerecorded voices (“prerecorded messages”) in telephone communications. Generally speaking, the TCPA prohibits using an ATDS or prerecorded message to contact cell phones, and prerecorded telemarketing messages to contact residential [...]

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Jun 30, 2021

Update: Governor DeSantis Signs Florida SB 1120 into Law

The wait is over. Florida’s amended (and problematic) telemarketing law, including new private right of action with statutory damages, takes effect tomorrow, July 1, 2021. It took the Florida legislature just over two months to introduce and unanimously pass SB 1120 with hopes of filling a perceived gap created by the Supreme Court’s narrow TCPA interpretation. It took another two [...]

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Jun 29, 2021

Important Deadline for Voice Service Providers; The Robocall Mitigation Database

The deadline for Voice Service Providers (“VSPs”) to file a Certification with the FCC’s Robocall Mitigation Database is tomorrow. For details on the requirements for filing, please see my prior blog. Generally, the Certification must be accompanied with a robocall mitigation plan, which is a detailed report on the steps taken to ensure the VSP is not the source of [...]

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Jun 24, 2021

Big Win for TCPA Defendants Based Largely on Support from the Professional Association for Customer Engagement

In a decision issued earlier today, the Northern District of California provided clarification on the TCPA’s definition of “Automatic Telephone Dialing System” (ATDS) based in part on PACE’s Amicus brief, authored by attorneys from our firm and Noble Systems (now known as “Alvaria”), filed in Hufnus v. DoNotPay, Inc., 3:20-cv-08701-VC (N.D. Cal. June 24, 2021). Although it seemed very clear [...]

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Jun 24, 2021

Adopted Florida Bill Would Create TCPA-like Compliance Nightmare, Still Awaits Governor Signature

In the wake of the Supreme Court’s narrow TCPA interpretation in Facebook v. Duguid, we anticipated states would adopt more stringent telemarketing laws. With the unanimous passage of Florida SB 1120 at the end of April, that expectation came closer to reality. Almost two months later, however, the legislature still has not presented the bill to Governor DeSantis for signature. [...]

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