TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Jul 09, 2019

Mississippi Allows Business Numbers on State Do Not Call Registry

Mississippi recently adopted emergency rules modifying its Telephone Solicitation Act.  The most notable change is that businesses may register their numbers on the state’s “No Call List.”  Entities making business-to-business telemarketing calls must suppress calls to numbers on the state’s No Call List unless an exemption applies. The emergency rules also place a duty on telephone service providers to ensure [...]

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Jun 27, 2019

Indiana Blows Open Telemarketing Registration Requirements

Indiana’s recently enacted HB 1123 is set to take effect July 1, 2019, and any business making calls to Indiana residents should take note of its drastic changes. The new law brings with it sweeping revisions to the scope of telemarketing regulation and severe penalties for violations of its requirements. Previously, Indiana’s telemarketing laws required a limited number of sellers [...]

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Jun 20, 2019

BREAKING: “Stopping Bad Robocalls Act” Revision Unveiled with Bipartisan Support

On June 20, 2019, the House Energy and Commerce Committee introduced a revised version of the “Stopping Bad Robocalls Act”. The Act was originally introduced in 2018 and re-introduced in February 2019 after Representative Pallone (D-NJ) became Chair of the Committee. This revised version follows in the wake of the Federal Communications Commission’s (FCC) decision to allow telephone providers to [...]

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Jun 18, 2019

North Carolina District Court: Clear Statutory Meaning of ATDS is “Snow” Joke

“Plaintiff’s TCPA claim fails as a matter of law because plaintiff does not allege that the text messages she received were sent using equipment which has the capacity to store or produce numbers to be called using a random or sequential number generator.”   In a decision issued Friday in the case of Snow v. GE, the Eastern District of North [...]

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Jun 17, 2019

Ninth Circuit Tells Facebook to Be Less Social When it Comes to Texting

In April 2019, the Fourth Circuit held that the government debt collection exemption, found within the 2015 amendments to the Telephone Consumer Protection Act (“TCPA”), violates the First Amendment but that the remaining restrictions on automatic telephone dialing systems (“ATDS”) should stay in place. The Ninth Circuit recently agreed in Duguid v. Facebook, Inc. The plaintiff, Duguid, was not a [...]

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Jun 07, 2019

FCC Votes to Allow Carriers to Block Robocalls by Default

The Federal Communications Commission (“FCC”) voted yesterday to allow telecom carriers to “block by default” illegal or unwanted calls to their subscribers. FCC Chairman Ajit Pai released the proposed Declaratory Ruling in May. Carriers already block calls to subscribers that opt-in to a blocking service. This Ruling will now allow carriers to block by default, regardless of whether a consumer [...]

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May 30, 2019

M&S and PACE Respond to FCC Declaratory Ruling on Robocalls

Serving as General Counsel to the Professional Association for Customer Engagement (“PACE”), M&S filed a letter this week with the Federal Communications Commission (“FCC”) regarding its recently released Declaratory Ruling and Third Further Notice of Proposed Rulemaking. If implemented, the Ruling would allow phone companies to automatically block robocalls to their customers, and would also create a safe harbor for [...]

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May 24, 2019

Senate Passes Robocall Bill

The U.S. Senate passed S. 151, the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or “TRACED” Act, yesterday in a 99-1 vote. A House companion bill (H.R. 1602), sponsored by U.S. Rep. David Kustoff, R-Tenn., is currently pending in the House Energy and Commerce Committee. A summary of the TRACED Act: Gives the Federal Communication Commission (“FCC”) enhanced enforcement [...]

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May 17, 2019

Bad Traffic: Lead Generation Under Scrutiny

Lead generation is a marketing activity that involves identifying and generating consumer interest in a product or service. Online lead generation has become commonplace, allowing a consumer to research products and services and connect with companies to fulfill their specific need. Done properly, lead generation is an efficient tool and has significant customer benefits. Done wrong, it can be a [...]

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May 15, 2019

FCC Chairman Proposes Default Call Blocking to Combat Robocalls

* UPDATED May 20, 2001: View the Declaratory Ruling and Third Further Notice of Proposed Rulemaking here. In a statement released earlier today, Federal Communications Commission Chairman Ajit Pai announced plans for a bold declaratory ruling that would allow phone companies to block robocalls to their customers by default. Chairman Pai encouraged carriers, if the decision is adopted, “to begin providing [...]

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