TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

BREAKING: Federal Appeals Court Limits Revocation of Consent Given in Contracts

According to a recent decision, consumers cannot always revoke consent to be called using an ATDS or prerecorded voice.  In Reyes v. Lincoln Financial Services, the Second Circuit Court of Appeals held that the TCPA does not permit a consumer to revoke his or her consent to be called when “that consent forms part of […]

Read More »

Placement of Consent Language in Online Forms Integral to TCPA Compliance

In today’s digital world, more and more businesses are using online forms to generate leads for telemarketing and text campaigns. In attempting to comply with the TCPA’s written consent requirements, most marketers and lead generators have added some type of consent language to their lead forms. A recent decision by the Northern District of Illinois, […]

Read More »

Modern Technology Blurs Lines of Who Initiates Texts Under the TCPA

A recent federal court decision dismissing TCPA claims in the case of Reichman v. Poshmark, Inc. illustrates the occasional difficulty in determining who “makes” or “initiates” a text message. The defendant, Poshmark, operates a mobile application for users to buy and sell used clothing and accessories. One user allowed the Poshmark app to access the […]

Read More »

Federal Judge Serves Dish on a Silver Platter

Recent telemarketing violations committed by Dish Network have led to continued severe penalties for the telecommunications behemoth, and statutory fines to the hefty tune of $280 million. In a 475-page opinion, United States District Judge Sue E. Myerscough (Central District of Illinois) ordered Dish to pay $168 million in civil penalties to the federal government for […]

Read More »

Dish Network Violates TCPA through Agent, Finds Itself in “Treble”

A recent decision out of North Carolina has provided more insight into when a company may be on the hook for the actions of its independent contractors. In Krakauer v. Dish Network, LLC, Dish Network employed the services of Satellite Systems Network (SSN) to make telemarketing calls to sell Dish services. After finding that SSN failed […]

Read More »

Ringless Voicemail Petition Pending in the FCC

All About the Messages, LLC (AATM) has petitioned the FCC for a finding that ringless voicemail messages are not calls subject to the TCPA. AATM’s systems allow messages to be directly deposited to the carrier’s voicemail system without causing the phone to ring and without billing the consumer’s service account. AATM argues this service does […]

Read More »

FTC Reversal on Soundboard Technology Survives First Judicial Challenge

The Federal Trade Commission (“FTC”) successfully defended its 2016 decision to apply the Telemarketing Sales Rule (“TSR”) limitation on prerecorded messages to soundboard, also known as avatar, technology. Soundboard technology allows a call center agent to provide real-time consumer interaction by responding to a variety of consumer comments with prerecorded answers. Companies that use soundboard […]

Read More »

D.C. Circuit Vacates FCC’s Junk Fax Order

Earlier today, in Bais Yaakov of Spring Valley, et al. v. FCC, et al., the D.C. Circuit vacated the FCC’s 2006 Junk Fax Order to the extent that it requires opt-out notices to be provided on fax advertisements sent with the recipient’s consent (“solicited faxes”).  In a 2-1 vote, the court held that the plain […]

Read More »

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 […]

Read More »

TCPA’s New “Federal Debt” Exemption Narrowly Construed

In 2015, Congress passed Section 301 of the Bipartisan Budget Act of 2015 (“The Act”) to ease the U.S. Government’s burden in collecting debts by exempting from the TCPA calls to collect all debts “owed to or guaranteed by” the Federal Government. The first court decision interpreting that exemption in detail found that student loans […]

Read More »