TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

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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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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FCC Fines Illegal Robocall Platform Provider

On July 13, the FCC issued a $2.88 million fine against third-party technology provider Dialing Services.  The New Mexico-based company allowed robocallers to use its platform to make millions of illegal robocalls to mobile phones without consumers’ prior express consent. The FCC had previously issued Dialing Services a citation in 2013, formally warning the company [...]

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FCC Issues Notice of Inquiry Regarding Reassigned Number Database

In yesterday’s July open meeting, the FCC approved a Notice of Inquiry (“NOI”) proposing a new method to alleviate unwanted calls to reassigned phone numbers. The NOI begins an examination of how an FCC-hosted database of reassigned phone numbers can help businesses identify and refrain from calling telephone numbers that have been reassigned to new [...]

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Keeping Up with the Commission – Latest News on the FCC

Recent developments suggest that the FCC has been active on the TCPA front in recent weeks, including an apparent attempt to bolster its enforcement efforts against bad actors, all while dealing with a shifting internal landscape. Enforcement On June 22, the FCC proposed a $120 million fine against Florida resident Adrian Abramovich for spoofing caller [...]

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BREAKING: Federal Appeals Court Limits Revocation of Consent Given in Contracts

According to a recent decision, consumers cannot always revoke consent to be called using an ATDS or prerecorded voice.  In Reyes v. Lincoln Financial Services, the Second Circuit Court of Appeals held that the TCPA does not permit a consumer to revoke his or her consent to be called when “that consent forms part of [...]

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Placement of Consent Language in Online Forms Integral to TCPA Compliance

In today’s digital world, more and more businesses are using online forms to generate leads for telemarketing and text campaigns. In attempting to comply with the TCPA’s written consent requirements, most marketers and lead generators have added some type of consent language to their lead forms. A recent decision by the Northern District of Illinois, [...]

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Modern Technology Blurs Lines of Who Initiates Texts Under the TCPA

A recent federal court decision dismissing TCPA claims in the case of Reichman v. Poshmark, Inc. illustrates the occasional difficulty in determining who “makes” or “initiates” a text message. The defendant, Poshmark, operates a mobile application for users to buy and sell used clothing and accessories. One user allowed the Poshmark app to access the [...]

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Federal Judge Serves Dish on a Silver Platter

Recent telemarketing violations committed by Dish Network have led to continued severe penalties for the telecommunications behemoth, and statutory fines to the hefty tune of $280 million. In a 475-page opinion, United States District Judge Sue E. Myerscough (Central District of Illinois) ordered Dish to pay $168 million in civil penalties to the federal government for [...]

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Dish Network Violates TCPA through Agent, Finds Itself in “Treble”

A recent decision out of North Carolina has provided more insight into when a company may be on the hook for the actions of its independent contractors. In Krakauer v. Dish Network, LLC, Dish Network employed the services of Satellite Systems Network (SSN) to make telemarketing calls to sell Dish services. After finding that SSN failed [...]

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