TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Nov 22, 2017

Public Comment Invited as FCC Permits Limited Call Blocking by Carriers

Unwanted calls are the top consumer complaint at the Federal Communications Commission (FCC) and one of the preeminent concerns of consumers. The FCC receives over 200,000 complaints regarding illegal calling annually and some analysts estimate that U.S. consumers received over 2.4 billion robocalls per month in 2016 alone. The increasing availability and intuitiveness of phone [...]

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Oct 30, 2017

Number One Rule for TCPA Consent Language: “Location, Location, Location”

The phrase “location, location, location” is often used to describe the number one rule in real estate.  Perhaps the same can be said for TCPA consent disclosures.For the second time in recent months, the Northern District of Illinois denied summary judgment in a TCPA lawsuit stemming from online lead forms. The case, Barrera v. Guaranteed Rate, Inc.,

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Oct 25, 2017

VoIP Apps Likely Covered by TCPA Consent Requirements

In a recent and expansive opinion, the Western District of Wisconsin held that calls made to numbers associated with voice over internet protocol (“VoIP”) applications are subject to the Telephone Consumer Protection Act (TCPA), if the called party incurs a charge for the call. That charge may appear in the form of a deduction of [...]

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Oct 09, 2017

Federal Regulators Seeking Public Input

On Friday, October 6th, the Federal Communications Commission (FCC) released a public notice seeking comment on a Petition for a Declaratory Ruling that would modify the current exemptions to the Telephone Consumer Protection Act (TCPA). The petition, filed by the Credit Union National Association (CUNA), requests that the FCC adopt an established business relationship exemption [...]

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Oct 06, 2017

Notice: Users of Number Portability Administration Center Must Register With New Administrator

Companies using the Number Portability Administration Center (NPAC) must register with the new Local Number Portability Administrator (LPNA), Telcordia Technologies, Inc. d/b/a iconectiv. Users of Wireless Do-Not-Call services must complete registration with iconectiv by November 30, 2017, if planning to test their interfaces, and no later than December 31, 2017, if they do not plan [...]

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Oct 03, 2017

California District Court Opinion Poses Problems for TCPA Consent

On September 25th, the Central District of California adopted a narrow view of prior express consent under the TCPA.  The case, Trenz v. On-Line Administrators, Inc., involved autodialed vehicle service reminder calls made on behalf of auto dealers.  Although the reminders were arguably marketing calls, the named plaintiffs received calls before the TCPA’s written consent [...]

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Sep 26, 2017

TCPA Survives Another Round of Constitutional Evaluation

On September 19th, the United States District Court for the District of Minnesota became yet another federal court to evaluate and uphold the TCPA as constitutional in its Greenley v. Laborers’ Int’l Union of N. Am. opinion. The question of the TCPA’s constitutionality has been hotly debated in recent years following congressional amendments to the [...]

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Sep 12, 2017

When a $32 Million Loss is Actually a Win

In a recent Opinion in the case of Golan v. Veritas Entertainment, LLC, Judge E. Richard Webber of the District Court for the Eastern District of Missouri found that the TCPA’s statutory damages of $500 per call was unconstitutional under the facts of that case. At $500 per violation, the statutory minimum, the class action [...]

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Sep 07, 2017

Click-to-Call System Not an ATDS According to Court

In a recent TCPA decision handed down by the Northern District of Illinois, the court granted summary judgment to defendant Transworld Systems Inc. (TSI) on grounds that the phone system used to call the plaintiff was not an automatic telephone dialing system (ATDS). The case, Arora v. Transworld Sys., involved collection calls made by TSI [...]

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Aug 28, 2017

Ninth Circuit Clarifies Vicarious TCPA Liability in Independent Contractor Case

In a recent decision, Jones v. Royal Admin. Servs., the Ninth Circuit provided clarification on the often-litigated issue of when a third party may be held vicariously liable under the TCPA. The case involved calls made by All American Auto Protection (AAAP) to sell vehicle service contracts (VSCs). The plaintiffs argued that Royal Administration Services [...]

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