TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Jan 14, 2019

2018’s Three Biggest Telemarketing Takeaways

While 2018 is a thing of the past, it ushered in several major settlements that continue to affect companies engaging in the telemarketing industry. These settlements provide key insights for businesses seeking to avoid enforcement action and litigation that could cost upwards of millions of dollars in fines and attorneys’ fees. Takeaway #1:  Plaintiffs Continue [...]

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Jan 10, 2019

Federal Communications Commission Update – January 2019

  Geoffrey Starks Appointed to Commission; Commissioner Carr Reappointed   In the final hours of the 115th Congress, the Senate voted to confirm the nomination of Geoffrey Starks to the last vacant FCC Commissioner seat.  The seat had been vacated by Commissioner Mignon Clyburn in early 2018.  Starks is no stranger to the FCC, having [...]

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Dec 14, 2018

The FCC’s Reassigned Numbers Database Is Officially Underway

The FCC commissioners have officially voted in favor of Chairman Pai’s draft order for rules creating a reassigned numbers database. In the coming months, the FCC will take action to create a reassigned numbers database that will enable callers to verify the current ownership status of phone numbers and prevent unwanted and unauthorized calls from reaching [...]

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Nov 26, 2018

FCC Chairman Pushing for Reassigned Numbers Database

In the most recent action in an aggressive campaign to more effectively regulate unwanted calls and text messages, FCC Chairman Pai is calling upon his fellow commissioners to approve a proposal creating a single, comprehensive database of reassigned U.S. phone numbers.  The database would allow callers to mitigate TCPA risks by verifying that numbers in [...]

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Oct 30, 2018

M&S WEBINAR: Navigating the Muddy Waters of the TCPA: Understanding the Impact of Court Decisions on the TCPA’s Future

Understanding and complying with the Telephone Consumer Protection Act (TCPA) has never been more difficult for businesses looking to lawfully communicate with consumers via calls and texts. Following the D.C. Circuit Court’s landmark decision overturning several components of the Order, including the definition of an Automatic Telephone Dialing System (ATDS), subsequent court decisions have provided [...]

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Oct 08, 2018

Ninth Circuit Opinion Creates Additional TCPA Uncertainty

It’s been almost seven months since the D.C. Circuit’s decision in ACA Int’l v. FCC, yet the definition of automatic telephone dialing system (ATDS) remains unclear. In the wake of ACA Int’l, courts consider three primary issues to determine whether a device qualifies as an ATDS.  This blog addresses those issues in turn. What does [...]

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Oct 04, 2018

FCC Seeks Comment on Interpretation of the TCPA Following an Expansive Ninth Circuit Decision

The FCC is seeking comment regarding the definition of an “automatic telephone dialing system” (ATDS) following the recent decision of the U.S Court of Appeals for the Ninth Circuit in Marks v. Crunch San Diego, LLC. The Marks court examined the language of the TCPA and its underlying purpose and held that an ATDS is [...]

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Aug 01, 2018

TCPA Claim Survives Plaintiff’s Death

Less than two weeks ago, the Sixth Circuit became the first circuit court to consider whether a TCPA claim survives the plaintiff’s death. In Parchman v. SLM Corp., the district court held that TCPA claims are penal in nature; therefore, they do not survive a plaintiff’s death. The Sixth Circuit reversed that decision. Under federal common [...]

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Jul 23, 2018

Court Weighs In on Ringless Voicemail

Over the past several years, callers have increasingly used a technology known as “ringless voicemail” or “direct-to-voicemail drops” to contact consumers.  The technology allows companies to deposit recorded messages directly into a consumer’s voicemail (on the carrier’s server) without causing the consumer’s phone to ring.  The consumer receives only an indicator that a voicemail is [...]

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Jun 13, 2018

Federal Bill Seeks to Expand TCPA

As expected, 2018 is developing into a significant year for the Telephone Consumer Protection Act (TCPA). In March, the D.C. Circuit issued an opinion in ACA Int’l v. FCC,  setting aside portions of the FCC’s 2015 TCPA Order. In May, the FCC responded by soliciting comments on how various TCPA provisions should be interpreted in [...]

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