TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Jun 04, 2020

What is an Advertisement? How Much Deference Should Courts Give FCC Orders?

One of the most hotly contested issues in TCPA litigation is whether a communication qualifies as an advertisement. For faxes, the determination impacts whether the TCPA applies at all. For calls made and texts sent to cell phones using an autodialer, the determination dictates the necessary level of consent. Case law on the issue is inconsistent at best. Recent decisions [...]

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May 07, 2020

Eleventh Circuit Finds Contractual TCPA Consent Can’t Be Revoked

The Eleventh Circuit has joined the Second Circuit in finding that the Telephone Consumer Protection Act (“TCPA”) does not authorize unilateral revocation of consent to receive automated calls when such consent is given in a bargained-for contractual provision. In a favorable opinion for Dish Network, the court held that Dish had permission to continue placing robocalls to a subscriber, even [...]

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May 06, 2020

New FCC Provisions Increase Liability Risk for TCPA Violations

In an Order issued Friday, the Federal Communications Commission implemented enhanced liability provisions for Telephone Consumer Protection Act (“TCPA”) violations Congress passed as part of the TRACED Act. Specifically, under the new provisions: The Commission will not be required to issue an administrative citation prior to seeking penalties against non-compliant callers. Previously, the Commission had to first issue an administrative [...]

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Apr 10, 2020

Second Circuit Causes Additional Confusion About ATDS Definition

After recent opinions from the Seventh Circuit (Gadelhak) and Eleventh Circuit (Glasser), a narrow interpretation of automatic telephone dialing system (ATDS) seemed to be gaining traction. Both held that a system is not an ATDS unless it can: (a) store telephone numbers using a random or sequential number generator; or (b) produce telephone numbers using a random or sequential number [...]

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Apr 06, 2020

Regulatory Alert: Changes to State Telemarketing Laws

The state legislatures began their 2020 sessions with a flurry of activity.  The following is a recap of the teleservices bills that have been enacted from January 1 – March 31, 2020: Indiana When Indiana’s telemarketing registration was broadened in 2019, it created a large swath of registration requirements applicable to most businesses making calls from or into the state. [...]

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Apr 03, 2020

Federal Appeals Court Holds Up Dish Network Robocall Violations

A three-judge panel in the Seventh Circuit largely affirmed an Illinois federal court’s judgment finding Dish Network liable for forcing retailers to make 66 million unlawful telemarking calls to consumers. While the Seventh Circuit affirmed liability, it also found that the court undercalculated appropriate penalties when it required Dish to pay a $280 million penalty to the federal government, North [...]

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Mar 30, 2020

COVID-19 and Other Critical Calls: Removing Obstacles to Calls Being Received

This is a follow-up to our March 24, 2020 blog clarifying the FCC’s “Emergency Purpose” TCPA exception of COVID-19 messages. On March 25th, the FCC announced that it is creating a new Hospital Robocall Protection Group aimed at ensuring hospitals do not receive distracting robocalls during this time of crisis. At the same time, teleservices industry participants have been setting [...]

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Mar 24, 2020

FCC Clarifies “Emergency Purpose” TCPA Exception Includes COVID-19 Messages

In a Declaratory Ruling Friday, the Federal Communications Commission (“FCC”) confirmed that COVID-19 related calls and text messages from public health officials serve an “emergency purpose” and as such are excluded from the prior express consent requirements of the Telephone Consumer Protection Act (“TCPA”). The declaratory ruling cites the immediate need for hospitals, health care providers, state and local officials, [...]

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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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