TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

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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Jun 12, 2018

FTC Takes Aim at Platform Designer at the Root of Billions of Illegal Robocalls

The Federal Trade Commission (FTC) has filed a complaint in federal court seeking to stop two telemarketing operations and their principals for allegedly facilitating billions of illegal robocalls to consumers nationwide. Commenting on this action, FTC Bureau of Consumer Protection Director Andrew Smith advised that “we will go after not only robocallers, but also companies [...]

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Jun 06, 2018

Court Reminder: Consent Limited to Subject of the Transaction

The Telephone Consumer Protection Act (TCPA) requires “prior express consent” for non-marketing calls and texts made using an automatic telephone dialing system (ATDS) or prerecorded message. The TCPA further specifies that for transactional text messages and calls using an ATDS or prerecorded message, “persons who knowingly release their phone numbers have in effect given their [...]

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May 17, 2018

Is a Predictive Dialer an ATDS? (Part 2)

Last month we discussed whether, in the wake of ACA Int’l v. FCC and the subsequent district court ruling in Marshall, a predictive dialer still qualifies as an ATDS.  The answer depends, in part, on whether ACA Int’l invalidates the FCC’s 2003 and 2008 predictive dialer rulings (in addition to its 2015 TCPA Order).  Two [...]

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