TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Jul 11, 2020

TCPA Requirements FAQ

The federal Telephone Consumer Protection Act (TCPA; 47 U.S.C. § 227) and its implementing regulations (47 C.F.R. § 64.1200) regulate the use of automatic telephone dialing systems (ATDS) and artificial or prerecorded voices (“prerecorded messages”) in telephone communications. Generally speaking, the TCPA prohibits using an ATDS or prerecorded message to contact cell phones, and prerecorded telemarketing messages to contact residential [...]

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Jun 30, 2021

Update: Governor DeSantis Signs Florida SB 1120 into Law

The wait is over. Florida’s amended (and problematic) telemarketing law, including new private right of action with statutory damages, takes effect tomorrow, July 1, 2021. It took the Florida legislature just over two months to introduce and unanimously pass SB 1120 with hopes of filling a perceived gap created by the Supreme Court’s narrow TCPA interpretation. It took another two [...]

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Jun 29, 2021

Important Deadline for Voice Service Providers; The Robocall Mitigation Database

The deadline for Voice Service Providers (“VSPs”) to file a Certification with the FCC’s Robocall Mitigation Database is tomorrow. For details on the requirements for filing, please see my prior blog. Generally, the Certification must be accompanied with a robocall mitigation plan, which is a detailed report on the steps taken to ensure the VSP is not the source of [...]

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Jun 24, 2021

Big Win for TCPA Defendants Based Largely on Support from the Professional Association for Customer Engagement

In a decision issued earlier today, the Northern District of California provided clarification on the TCPA’s definition of “Automatic Telephone Dialing System” (ATDS) based in part on PACE’s Amicus brief, authored by attorneys from our firm and Noble Systems (now known as “Alvaria”), filed in Hufnus v. DoNotPay, Inc., 3:20-cv-08701-VC (N.D. Cal. June 24, 2021). Although it seemed very clear [...]

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Jun 24, 2021

Adopted Florida Bill Would Create TCPA-like Compliance Nightmare, Still Awaits Governor Signature

In the wake of the Supreme Court’s narrow TCPA interpretation in Facebook v. Duguid, we anticipated states would adopt more stringent telemarketing laws. With the unanimous passage of Florida SB 1120 at the end of April, that expectation came closer to reality. Almost two months later, however, the legislature still has not presented the bill to Governor DeSantis for signature. [...]

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Jun 02, 2021

Professional Association for Customer Engagement Files Post-Facebook Amicus Brief in Northern District of California

If you are reading this blog, you’re probably already familiar with the U.S. Supreme Court’s April 1, 2021 opinion in Facebook v. Duguid. Facebook largely resolved the fundamental question of what an “Automatic Telephone Dialing Device” (ATDS) is as defined by the Telephone Consumer Protection Act (TCPA). The statutory definition is “equipment which has the capacity (A) to store or [...]

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Apr 21, 2021

FCC Requires Voice Service Providers to File Robocall Mitigation Plan and Certification

All Voice Service Providers (VSPs) will be required to submit filings through the FCC’s Robocall Mitigation Database that launched on April 20, 2021. There are two types of filings required depending upon the VSP’s status. One filing is a Robocall Mitigation Plan (RMP), which documents a VSP’s policies and procedures to prevent illegal robocalls from being originated on their platform. [...]

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Apr 20, 2021

California Supreme Court Expands the Scope of State’s Call Recording Statute in Recent Decision

Earlier this month, the California Supreme Court handed down a decision in Smith v. LoanMe interpreting California’s call recording statute, Cal. Penal Code 632.7. The decision clarifies that not only must non-participants to a call obtain consent from the parties to listen in on or record the call, but parties to the call must also obtain consent to record. Cal. [...]

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Apr 14, 2021

The TCPA’s Chocolate Factory Post Facebook v. Duguid

“Oh, you should never, never doubt what nobody is sure about.” By now you have probably read dozens of articles from the usual pundits about the landmark U.S. Supreme Court TCPA decision, Facebook v. Duguid. The Opinion was fundamentally good for both businesses and consumers because it finally put to rest a debate that has echoed in the halls of [...]

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Apr 01, 2021

BREAKING: Supreme Court Issues Ruling in Favor of Facebook in Facebook v. Duguid (Not an April Fools Day Prank)

Earlier today the United States Supreme Court issued the much-anticipated Opinion in Facebook v. Duguid. In a unanimous ruling, the Court held that “To qualify as an automatic telephone dialing system under the Telephone Consumer Protection Act, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a [...]

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