TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

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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Mar 18, 2021

FCC Fines Robocaller Record $225 Million

The Federal Communications Commission announced a record forfeiture of $225M against two entities, Rising Eagle and JSquared Telecom as well as their owners, John C. Spiller and Jakob A. Mears. The FCC alleged these entities illegally transmitted over one billion calls as well as spoofed the caller ID on many of those calls. The entities focused on calls related to [...]

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Feb 25, 2021

FCC’s TCPA Call Exemption Limitation Final Rule Set to Take Effect in March

Today, the Federal Communications Commission published its Final Rule (“Rule”) based on its December 22, 2020 Report and Order (“Order”) in the Federal Register. That Order placed limitations on calls that had previously been exempted by the FCC (“Exempt Calls”), including limiting the number of calls to a residence or using a prerecorded or artificial voice. With its publication, certain [...]

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Feb 10, 2021

FCC Sets Official Compliance Date for Reassigned Numbers Database

The Federal Communications Commission’s Reassigned Numbers Database is set to commence on April 15th, 2021. On that date service providers must submit monthly reports detailing all disconnected and reassigned numbers. The April 15th compliance date marks the beginning of the FCC’s effort to build a robust database that will prevent inadvertent calls to reassigned numbers; however, the FCC intends to [...]

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Jan 22, 2021

Jessica Rosenworcel Selected as Acting FCC Chair

President Joe Biden has appointed Jessica Rosenworcel as the Acting chairwoman of the Federal Communications Commission (FCC), replacing outgoing chairman under the Trump administration, Ajit Pai. Rosenworcel will lead the agency until an official chair is confirmed. Rosenworcel is a familiar face with the FCC, having previously served as a staff member in the early 2000’s, and a commissioner for [...]

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