TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Mar 25, 2018

How the D.C. Circuit Court’s TCPA Ruling Impacts Contact Center Operations

It’s been one week since the D.C. Circuit Court issued its landmark decision on the Telephone Consumer Protection Act (TCPA), and many contact centers are still unclear about what this means for their customer engagement initiatives. Join M&S partners Michele Shuster and Nick Whisler as they join Noble Systems for an informative webinar, “Understand the [...]

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Mar 21, 2018

Michele Shuster to Speak at FTC-FCC Joint Policy Forum

M&S Partner Michele Shuster will join a panel of regulatory and industry speakers on Friday, March 23, 2018 during a joint policy forum offered by the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) to discuss the challenges posed by illegal robocalls and caller ID spoofing at the FCC’s headquarters in Washington, D.C. Michele [...]

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Mar 18, 2018

Understanding the D.C. Circuit Court TCPA Opinion

On Friday, the D.C. Circuit Court issued its long-awaited Opinion on the Professional Association for Customer Engagement’s (PACE) FCC TCPA Appeal. What does this landmark ruling mean for the customer engagement industry and your business’s marketing efforts? Join M&S Partner and PACE General Counsel Michele Shuster, along with PACE, on Monday, March 19th for an informative [...]

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Mar 16, 2018

BREAKING: D.C. Circuit Court Issues Long-Awaited TCPA Opinion

The long anticipated DC Circuit Court of Appeals Opinion regarding the Federal Communications Commission’s (FCC) July 15, 2015 Omnibus Declaratory Ruling has been released. The court specifically held that the FCC exceeded the scope of its authority in broadly defining what constitutes an Automatic Telephone Dialing System. The court also concluded that the FCC’s one [...]

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Mar 13, 2018

FCC Considers Reassigned Numbers Database

As currently interpreted, the Telephone Consumer Protection Act (TCPA) imposes strict liability — subject to an illusory one call “safe harbor” — for autodialed calls and texts sent to reassigned phone numbers. This interpretation, coupled with the lack of an authoritative reassigned number database, makes it impossible for businesses to send autodialed communications without opening [...]

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Feb 20, 2018

Text Messaging Class Action Decertified Due to Questions of TCPA Consent

As we have previously reported, individualized questions of consent in TCPA litigation regularly prevent class certification.  One recent decision went a step further and found that substantial questions of consent can constitute grounds to decertify a class. In Johnson v. Yahoo! Inc., the plaintiff claimed that Yahoo! violated the TCPA when its instant message platform [...]

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Nov 22, 2017

Public Comment Invited as FCC Permits Limited Call Blocking by Carriers

Unwanted calls are the top consumer complaint at the Federal Communications Commission (FCC) and one of the preeminent concerns of consumers. The FCC receives over 200,000 complaints regarding illegal calling annually and some analysts estimate that U.S. consumers received over 2.4 billion robocalls per month in 2016 alone. The increasing availability and intuitiveness of phone [...]

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Oct 30, 2017

Number One Rule for TCPA Consent Language: “Location, Location, Location”

The phrase “location, location, location” is often used to describe the number one rule in real estate.  Perhaps the same can be said for TCPA consent disclosures. For the second time in recent months, the Northern District of Illinois denied summary judgment in a TCPA lawsuit stemming from online lead forms. The case, Barrera v. Guaranteed Rate, Inc.,

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Oct 25, 2017

VoIP Apps Likely Covered by TCPA Consent Requirements

In a recent and expansive opinion, the Western District of Wisconsin held that calls made to numbers associated with voice over internet protocol (“VoIP”) applications are subject to the Telephone Consumer Protection Act (TCPA), if the called party incurs a charge for the call. That charge may appear in the form of a deduction of [...]

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Oct 09, 2017

Federal Regulators Seeking Public Input

On Friday, October 6th, the Federal Communications Commission (FCC) released a public notice seeking comment on a Petition for a Declaratory Ruling that would modify the current exemptions to the Telephone Consumer Protection Act (TCPA). The petition, filed by the Credit Union National Association (CUNA), requests that the FCC adopt an established business relationship exemption [...]

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