TCPA Monitor

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 [...]

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.

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 [...]

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.

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 [...]

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.

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 [...]

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, [...]

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 [...]