TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Mar 06, 2019

Attorneys General Nationwide Endorse TRACED Act Targeting Robocalls

Fifty-four state and territory attorneys general have endorsed federal legislation known as the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act . Originally introduced last year, and reintroduced this year by Senators John Thune (D-SD) and Ed Markey (D-Mass), the Act includes a number of provisions, including requiring voice service providers to adopt call authentication technology [...]

Read More »
Feb 28, 2019

TCPA Liability: Can an Insurance Policy Protect You?

Following the Federal Communications Commission’s 2015 Omnibus Declaratory Ruling and Order, which unsuccessfully attempted to clarify issues surrounding the Telephone Consumer Protection Act (“TCPA”), there was a spike in litigation relating to the TCPA. In 2017, Dish Network was hit hard with $341 million in penalties for numerous TCPA violations. Last year, plaintiffs filed over [...]

Read More »
Feb 21, 2019

Federal Communications Commission Update – February 2019

Comments Sought on TCPA “Dual Purpose” Calls Petitioner, SGS North America (SGS), asked the FCC to clarify the meaning of telemarketing and dual purpose calls. SGS contracts with automobile lessors to schedule inspections of leased vehicles to assess their condition near the end of a lease. SGS contacts lessees with a prerecorded message advising [...]

Read More »
Feb 01, 2019

Crunch Seeks Supreme Court Resolution of ATDS Definition

Following the D.C. Circuit’s decision in ACA Int’l v. FCC, courts have been struggling for a consistent interpretation of the capacity and functionality required to turn a device into an automatic telephone dialing system (“ATDS”). Although most courts have tried to follow a narrower reading of the statutory language given the ACA Int’l Court’s chastisement of [...]

Read More »
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 [...]

Read More »
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 [...]

Read More »
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 [...]

Read More »
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 [...]

Read More »
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 [...]

Read More »
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 [...]

Read More »