TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Oct 13, 2020

Louisiana Lifts State of Emergency Restrictions for Hurricane Delta

Effective today (October 13, 2020) at 6:00 PM Central, Louisiana’s Public Service Commission will no longer be required to report to the Office of Homeland Security and Emergency Preparedness in response to Hurricane Delta. Businesses may resume telephone solicitations in Louisiana at that time. For more information or to check on the status of the calling prohibition, please visit http://www.lpsc.louisiana.gov/emergency.aspx.

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Oct 09, 2020

Louisiana Declares State of Emergency

The Governor of Louisiana declared a state of emergency from October 9, 2020 at 6:00 am CST through November 4, 2020 (unless terminated sooner) related to Hurricane Delta. Businesses may not make telephone solicitations during the state of emergency. Note that although LA R.S. 45:844.31 contains a list of relevant exemptions, including calls made with consent or pursuant to an [...]

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Sep 30, 2020

FCC Adopts Second Report and Order

As reported in our September 9th blog, “FCC Releases Draft STIR/SHAKEN Order,” the Federal Communications Commission (FCC) released proposed rules to promote the implementation of the STIR/SHAKEN caller ID authentication framework. Yesterday, the FCC adopted those proposed rules in its Second Report and Order.

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Sep 29, 2020

PACE Files Safe Harbor Reply Comments with FCC

Today, Mac Murray & Shuster, as General Counsel for the Professional Association for Customer Engagement (PACE), filed Reply Comments with the FCC in Proceeding 17-59 : In the Matter of Advanced Methods to Target and Eliminate Unlawful Robocalls. PACE advocates that carrier level blocking of calls be accompanied with a per call notification to the caller that the call has [...]

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Sep 24, 2020

Who Is Nathan Simington? Trump Nominates New FCC Commissioner

On September 16th, President Trump nominated Nathan Simington to fill a vacancy on the Federal Communications Commission after withdrawing Michael O’Rielly’s nomination to serve another term on the Commission. Simington is currently an adviser for the National Telecommunications and Information Administration (NTIA), which specializes in telecommunications policy. The NTIA, which operates under the purview of the U.S. Department of Commerce, [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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