TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Apr 13, 2018

Florida Lawmakers Impose New Requirements on Telemarketers

Florida recently passed two bills, Senate Bills 740 and 568 respectively, which amend Florida’s telemarketing law as follows: The definition of telephonic sales call expressly covers voicemail [...]

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Apr 03, 2018

Is a Predictive Dialer an ATDS?

Now that the D.C. Circuit, in ACA Int’l v. FCC, set aside the portion of the FCC’s 2015 TCPA Order pertaining to the definition of an automatic [...]

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Mar 29, 2018

Court Rules Vigilant Retailers Did Not Ratify Telemarketers’ TCPA Violations

Sound TCPA compliance policies, vigilant complaint investigations, and prompt enforcement were key to rebutting class action claims that sellers ratified telemarketers’ TCPA violations according to a recent [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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