TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Dec 03, 2020

What is SIPNOC 2020 & Why Should Businesses Originating Calling Campaigns Attend?

Followers of our blogs have read about STIR/SHAKEN and Telcom carrier call labeling and blocking technologies (“Technologies”) deployed to prevent illegal or unwanted robocalls.  The Technologies, however, are not perfect and block a significant number of legal and wanted calls. Businesses operating within today’s IP-based network environments must understand the Technologies or risk their calls never ringing the intended call [...]

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Nov 10, 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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Nov 02, 2020

Louisiana Lifts State of Emergency Restrictions for Hurricane Zeta

Effective today (November 2, 2020) at 6:00 PM Central, Louisiana will release its Public Service Commission from reporting obligations to the Office of Homeland Security and Emergency Preparedness in response to Hurricane Zeta. Businesses may resume telephone solicitations in Louisiana at that time. For more information or to check on the status of the calling prohibition, please visit http://www.lpsc.louisiana.gov/emergency.aspx.

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Oct 29, 2020

Louisiana State of Emergency Prohibits Telemarketing

The Governor of Louisiana declared a state of emergency until November 24, 2020 (unless terminated sooner) related to Tropical Storm/Hurricane Zeta. The declaration requires the Louisiana Public Service Commission (“LPSC”) to report to the Emergency Operations Center (“EOC”). The state prohibits telephone solicitations until the EOC releases the LPSC from its mandatory reporting status. For more information or to check on [...]

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Oct 13, 2020

Louisiana Lifts State of Emergency Restrictions for Hurricane Delta

Effective today (October 13, 2020) at 6:00 PM Central, Louisiana’s Public Service Commission will no longer be required to report to the Office of Homeland Security and Emergency Preparedness in response to Hurricane Delta. Businesses may resume telephone solicitations in Louisiana at that time. For more information or to check on the status of the calling prohibition, please visit http://www.lpsc.louisiana.gov/emergency.aspx.

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Oct 09, 2020

Louisiana Declares State of Emergency

The Governor of Louisiana declared a state of emergency from October 9, 2020 at 6:00 am CST through November 4, 2020 (unless terminated sooner) related to Hurricane Delta. Businesses may not make telephone solicitations during the state of emergency. Note that although LA R.S. 45:844.31 contains a list of relevant exemptions, including calls made with consent or pursuant to an [...]

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Sep 30, 2020

FCC Adopts Second Report and Order

As reported in our September 9th blog, “FCC Releases Draft STIR/SHAKEN Order,” the Federal Communications Commission (FCC) released proposed rules to promote the implementation of the STIR/SHAKEN caller ID authentication framework. Yesterday, the FCC adopted those proposed rules in its Second Report and Order.

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Sep 29, 2020

PACE Files Safe Harbor Reply Comments with FCC

Today, Mac Murray & Shuster, as General Counsel for the Professional Association for Customer Engagement (PACE), filed Reply Comments with the FCC in Proceeding 17-59 : In the Matter of Advanced Methods to Target and Eliminate Unlawful Robocalls. PACE advocates that carrier level blocking of calls be accompanied with a per call notification to the caller that the call has [...]

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Sep 24, 2020

Who Is Nathan Simington? Trump Nominates New FCC Commissioner

On September 16th, President Trump nominated Nathan Simington to fill a vacancy on the Federal Communications Commission after withdrawing Michael O’Rielly’s nomination to serve another term on the Commission. Simington is currently an adviser for the National Telecommunications and Information Administration (NTIA), which specializes in telecommunications policy. The NTIA, which operates under the purview of the U.S. Department of Commerce, [...]

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Sep 16, 2020

U.S. Government Encourages Narrow ATDS Definition

By: Michele Shuster and Josh Stevens In an amicus curiae brief filed with the U.S. Supreme Court in connection with the Court’s consideration of Facebook v. Duguid, et al., the U.S. Government requested the Court narrowly interpret the Telephone Consumer Protection Act’s definition of an automatic telephone dialing system (ATDS). Before the Court is the current circuit split between the [...]

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