TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Sep 16, 2020

U.S. Government Encourages Narrow ATDS Definition

By: Michele Shuster and Josh Stevens 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 interpret the Telephone Consumer Protection Act’s definition of an automatic telephone dialing system (ATDS). Before the Court is the current circuit split between the [...]

Read More »
Sep 09, 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 and promotes the deployment of caller ID authentication technology. The FCC provided the following summary of what the draft Order would do if passed by the FCC: Require voice service [...]

Read More »
Sep 09, 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 the Telephone Consumer Protection Act (TCPA) or similar state telemarketing regulations. The U.S. Supreme Court recently affirmed this position in Barr v. American Political Consultants, holding that the application of [...]

Read More »
Aug 04, 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 automatic telephone dialing system (ATDS). The court joined the Second Circuit (Duran) and Ninth Circuit (Marks) by holding that a system is an ATDS if it can store and automatically [...]

Read More »
Jul 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 is a collection of voice service providers that focuses on tracing the source of suspected unlawful robocalls. If ITG detects likely illegal call traffic, it may work with participants in [...]

Read More »
Jul 09, 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 under the TCPA. The decision comes within days of a Court decision that upheld the TCPA’s sweeping ban on autodialed calls to cellphones while holding that calls made to collect [...]

Read More »
Jul 06, 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 Consultants, the Supreme Court of the United States held that the exemption unconstitutionally favors debt collection speech over political and other speech. After determining that the exemption is unconstitutional, the court [...]

Read More »
Jul 06, 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 petitioner, P2P Alliance, argued that its peer-to-peer (“P2P”) texting platform requires a human to “to actively and affirmatively manually dial each recipient’s number and transmit each message one at a [...]

Read More »
Jun 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 letter (“Letter”) to the Industry Traceback Group (“ITG”), stating that the AGs want to strengthen their relationship with ITG to more aggressively combat robocalls. The ITG is a collaborative effort [...]

Read More »
Jun 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 revoked by “any reasonable means.” Since that ruling, trial courts have provided guidance on what constitutes “reasonable.” Last month, the U.S. District Court for the Eastern District of California weighed [...]

Read More »