TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Apr 19, 2019

Supreme Court Denies Certiorari in Case Challenging FTC Classification of Soundboard Technology

On April 15, 2019, the Supreme Court declined to grant certiorari to a case challenging a Federal Trade Commission (“FTC”) opinion designating “soundboard” calling technology as a form of robocall. Soundboard technology, also referred to as avatar technology, allows call center agents to interact with consumers on a real-time basis by using recorded audio clips in combination with or in [...]

Read More »
Apr 01, 2019

Ringless Voicemails: The Court Takes Aim

Is a call a “call” if you never received a call? The Southern District of Florida has weighed in on this legal riddle and concluded that ringless voicemails are “calls” under the TCPA and subject to its regulations. The case, Schaevitz v. Braman Hyundai, Inc., involved a car dealership that transmitted unsolicited pre-recorded voicemail messages to individual’s cell phones advertising [...]

Read More »
Mar 27, 2019

The FCC’s Reassigned Numbers Database Arrives

In December of last year, our TCPA Monitor reported on the FCC’s intent to develop a single, comprehensive reassigned numbers database to enable callers to verify the status and ownership of phone numbers. Yesterday, intent became action as the FCC issued its final rule and order creating their proposed reassigned numbers database as a part of their Advanced Methods to [...]

Read More »
Mar 06, 2019

Attorneys General Nationwide Endorse TRACED Act Targeting Robocalls

Fifty-four state and territory attorneys general have endorsed federal legislation known as the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act. Originally introduced last year, and reintroduced this year by Senators John Thune (D-SD) and Ed Markey (D-Mass), the Act includes a number of provisions, including requiring voice service providers to adopt call authentication technology and expanding the FCC’s [...]

Read More »
Feb 28, 2019

TCPA Liability: Can an Insurance Policy Protect You?

Following the Federal Communications Commission’s 2015 Omnibus Declaratory Ruling and Order, which unsuccessfully attempted to clarify issues surrounding the Telephone Consumer Protection Act (“TCPA”), there was a spike in litigation relating to the TCPA. In 2017, Dish Network was hit hard with $341 million in penalties for numerous TCPA violations. Last year, plaintiffs filed over 3,800 TCPA cases in federal [...]

Read More »
Feb 21, 2019

Federal Communications Commission Update – February 2019

Comments Sought on TCPA “Dual Purpose” Calls Petitioner, SGS North America (SGS), asked the FCC to clarify the meaning of telemarketing and dual purpose calls. SGS contracts with automobile lessors to schedule inspections of leased vehicles to assess their condition near the end of a lease. SGS contacts lessees with a prerecorded message advising them to bring the vehicle [...]

Read More »
Feb 01, 2019

Crunch Seeks Supreme Court Resolution of ATDS Definition

Following the D.C. Circuit’s decision in ACA Int’l v. FCC, courts have been struggling for a consistent interpretation of the capacity and functionality required to turn a device into an automatic telephone dialing system (“ATDS”). Although most courts have tried to follow a narrower reading of the statutory language given the ACA Int’l Court’s chastisement of the FCC for straying too [...]

Read More »
Jan 14, 2019

2018’s Three Biggest Telemarketing Takeaways

While 2018 is a thing of the past, it ushered in several major settlements that continue to affect companies engaging in the telemarketing industry. These settlements provide key insights for businesses seeking to avoid enforcement action and litigation that could cost upwards of millions of dollars in fines and attorneys’ fees. Takeaway #1:  Plaintiffs Continue to Target Text Messaging Practices [...]

Read More »
Jan 10, 2019

Federal Communications Commission Update – January 2019

  Geoffrey Starks Appointed to Commission; Commissioner Carr Reappointed   In the final hours of the 115th Congress, the Senate voted to confirm the nomination of Geoffrey Starks to the last vacant FCC Commissioner seat.  The seat had been vacated by Commissioner Mignon Clyburn in early 2018.  Starks is no stranger to the FCC, having worked in the FCC’s Enforcement [...]

Read More »
Dec 14, 2018

The FCC’s Reassigned Numbers Database Is Officially Underway

The FCC commissioners have officially voted in favor of Chairman Pai’s draft order for rules creating a reassigned numbers database. In the coming months, the FCC will take action to create a reassigned numbers database that will enable callers to verify the current ownership status of phone numbers and prevent unwanted and unauthorized calls from reaching consumers. Previously, the FCC has [...]

Read More »