TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

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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Aug 24, 2017

It Takes Two to Tango: Changes to New York’s Call Recording Laws

On August 21, New York Governor Andrew Cuomo signed a bill into law that requires “all-party” consent for outbound telemarketing calls. The new requirements take effect immediately. In general, New York is a “one-party” consent state – calls may be lawfully recorded as long as one of the parties consents. Under the new law, however, [...]

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Aug 14, 2017

FTC Hopes New ‘Blacklist’ Will Push Robocalls Toward the Proverbial White Light

On August 1, the FTC issued a press release stating it would begin using consumer complaints to ramp-up its efforts in stamping out illegal robocalls. The FTC reports that unwanted and illegal robocalls are a persistent problem for consumers, providers, and the FTC, with over 1.9 million consumer complaints filed in the first five months of [...]

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Aug 10, 2017

FCC Fines Company $82 Million in Its Most Recent Attempt to Put Robocallers Out of Business

On August 3, the Federal Communications Commission (“FCC”) proposed an $82 million fine against Philip Roesel and his company, Best Insurance Contracts, Inc., for over 21 million calls that violated the Truth in Caller ID Act of 2009 and the Commission’s rules by displaying inaccurate Caller ID information. The FCC considered these violations particularly egregious [...]

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