TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Mar 18, 2020

What Businesses Need to Know About STIR/SHAKEN

With ongoing implementation of the STIR/SHAKEN authentication framework, your business’s calls to consumers are at greater risk of being blocked. Here’s what you need to know and the steps you can take to prepare and protect your organization. What is STIR/SHAKEN? STIR/SHAKEN (Secure Telephone Identity Revisited/Signature-Based Handling of Asserted Information Using toKENs) is an industry-developed set of rules and procedures [...]

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Mar 09, 2020

Governor Cuomo Declares State of Emergency in NY

On Saturday, Governor Cuomo declared a state of emergency for the entirety of the State of New York in response to the ongoing threat from coronavirus. The state of emergency is scheduled to last through September 7, 2020, unless rescinded sooner. Under a new law passed late last year, unsolicited telemarketing calls are prohibited to New York residents under a [...]

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Mar 05, 2020

OH AG Yost Announces Robocall Enforcement Unit and Advises “Just Don’t Answer”

Ohio AG Yost held a press conference to announce a new enforcement unit dedicated to combating the 2.2 billion robocalls battering Ohioans’ phones. The Robocall Enforcement Unit will take a multi-pronged approach to the problem by partnering with anti-robocall groups at the national level, investigating suspected violators, taking aggressive enforcement action, and seeking legislation to expand the State’s authority over [...]

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Feb 20, 2020

Narrow ATDS Definition Gaining Traction After 7th Circuit Opinion

Less than a month after the 11th Circuit adopted a narrow interpretation of automatic telephone dialing system (ATDS), the 7th Circuit followed suit. In Gadelhak v. AT&T Servs., the court analyzed four possible interpretations of ATDS but held that AT&T’s system is not an ATDS because it does not have the capacity to: (a) store telephone numbers using a random [...]

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Feb 04, 2020

FCC Seeks Comments on Technical Requirements of Reassigned Numbers Database

The FCC is currently seeking comments on the technical requirements for the Reassigned Number Database (“RND”) that was recently approved by the North American Numbering Council (“NANC”). The RND, which is being established by a 2018 order issued by the FCC, seeks to address issues surrounding unwanted calls to consumers with numbers reassigned from previous consumers. The RND seeks to [...]

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Jan 29, 2020

11th Circuit Decision Deepens Split on ATDS Definition

This week, the Eleventh Circuit weighed in with a limited definition of an Automatic Telephone Dialing System (“ATDS”), further creating a circuit split on the issue following the D.C. Circuit’s ACA International ruling.  The three judge panel ruled that a system must have the capacity to dial numbers randomly or sequentially to qualify as an ATDS, diverging from the Ninth [...]

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Jan 10, 2020

New York Adopts Significant Changes to its Telemarketing Laws

Within the past several weeks, New York passed SB4777, SB1826, and AB117, creating the following important changes to the state’s rules governing the telemarketing industry: All outbound telemarketing calls must include a disclosure informing the consumer that they may place their telephone number on the caller’s internal do-not-call (DNC) list. Telemarketers must honor requests immediately (no grace period). Effective March [...]

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Jan 02, 2020

President Trump Signs TRACED Act Into Law

After the Pallone-Thune TRACED Act (“Act”) passed almost unanimously in both the House and Senate, President Trump signed the Act on December 30, 2019. The Act will allow the Federal Communications Commission to implement new provisions of the law. President Trump made the final decision regarding the legislation targeting illegal robocalls; his signature makes the Act law and amends the [...]

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Dec 26, 2019

U.S. Senate Passes the Pallone-Thune TRACED Act

The U.S. Senate has unanimously passed the Pallone-Thune TRACED Act (“Act”), named after Senators Frank Pallone, Jr. (D-NJ), and Sen. John Thune (R-SD). The bill is a result of a yearlong effort by legislators to clamp down on unwanted robocalls. Upon final signature from the President, the Federal Communications Commission (“FCC”) is tasked with implementation of all provisions of the [...]

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Dec 11, 2019

FTC Targets VoIP Service Provider for Role in Alleged Unlawful Phone Calls

The Federal Trade Commission (“FTC”) has acted boldly by suing a VoIP service provider, Globex Telecom (“Globex”) and its corporate officers, alleging that their services played a role in subjecting consumers to a barrage of illegal calls tied to a fraudulent credit card interest rate reduction scheme that was operated by a related sister company, Educare Centre Services, Inc (“Educare”). [...]

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