TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

May 11, 2022

Oklahoma Set to Enact Problematic “Automated System” Restrictions in TCPA-like Bill

After its April 26th unanimous passage by the Oklahoma Senate, the Oklahoma Telephone Solicitation Act of 2022 (HB 3168) has returned to the House, where it appears certain to pass and be enacted into law. The bill’s complicated definition of an “automated system” is very similar to Florida’s 2021 amended Telemarketing Sales Act, which shook the telemarketing world with its [...]

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Apr 22, 2022

FTC April 28th Open Meeting Sure to Create Headlines

The Federal Trade Commission announced that it will hold an Open Commission Meeting on April 28th. The most notable item on the agenda is the Notice of Proposed Rulemaking and an Advance Notice of Proposed Rulemaking regarding the Telemarketing Sales Rule (TSR). The agenda provides a glimpse into the FTC’s plans: “The proposed changes to the [TSR} . . . would [...]

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Mar 31, 2022

Attention Voice Service Providers and Customers: There’s a New Standard in Town

Over the past week, there have been two notable developments in the world of voice service providers (VSPs) and their customers. First, the Federal Communications Commission put three VSPs on notice that if they continued to originate illegal robocalls on their networks, the FCC would instruct carriers to block all of their calls. The warning came in the form of [...]

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Mar 18, 2022

Pricing Changes Announced for Reassigned Numbers Database

The FCC announced that effective April 27, 2022, the subscription tiers for querying the Reassigned Numbers Database (RND) will be revised as shown in the below chart: The RND contains a list of telephone numbers reassigned from a previous consumer. It was created, in part, to prevent calling a telephone number that has been permanently disconnected from the intended consumer. Because [...]

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Mar 17, 2022

The Myth of the TCPA-Compliant Lead

Is there such a thing as a TCPA-compliant lead? Lead generators can be valuable partners for businesses trying to identify and reach prospective customers through marketing campaigns involving calls or texts. However, these leads don’t come without risk and it can be difficult to verify leads to ensure that the consumer properly consented to the call or text. As a [...]

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Mar 15, 2022

Utah and Washington Set to Update Telemarketing Laws

The Utah and Washington legislatures recently passed bills to update their telemarketing laws. The bills will become law unless vetoed by the states’ respective governors. Utah HB 217 expands the state’s telemarketing laws to include calls made to encourage the recipient to sell real or personal property. The bill’s sponsor, Norman Thurston, cited the recent influx of calls asking to [...]

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Feb 24, 2022

FCC Issues Robocall Cease and Desist Letters

The Federal Communications Commission issued Cease and Desist Letters (C&D) to two telecommunications companies earlier this month. The C&Ds were sent to Great Choice Telecom LLC and Telecom Carrier Access, Inc. dba TCA VoIP. The substance of the letters is typical of recent FCC C&Ds that allege that the companies have transmitted “illegal robocalls on behalf of one or more [...]

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Jan 14, 2022

Deadline to Comment on FCC’s Call Blocking Notification Requirements is January 31, 2022

The Federal Communications Commission (FCC) is seeking comments on call blocking notification requirements for voice service providers (VSPs). More specifically, the FCC is asking for input on whether VSPs should transition from Session Initiation Protocol (SIP) Code 603 for purposes of the immediate notification of call blocking requirement and to full implementation of SIP Codes 607 and 608 and, if [...]

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Nov 03, 2021

Reassigned Numbers Database Goes Live

On Monday, the FCC’s long-awaited Reassigned Numbers Database (RND) went live for use by callers. Available at www.reassigned.us, the RND offers callers the ability to query whether a telephone number was permanently disconnected after the date the consumer provided consent for calls under the TCPA. Although callers are not required to use the RND, the FCC incentivizes its use by [...]

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Oct 19, 2021

New Regulation of Text Messaging Services Proposed by FCC Acting Chair Rosenworcel

The Federal Communications Commission appears to be headed in the same direction with the regulation of texting and SMS platforms that it has with telephone service providers. Currently, the FCC requires voice service providers to either comply with STIR/SHAKEN (sign calls using digital certificates) or, if a Small Voice Service Provider, register with the FCC’s Robocall Mitigation Database. Voice services [...]

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