Latest Posts › Telecommunications

Share:

Telemarketer Fees to Access the National Do Not Call Registry to Increase

On August 27, the Federal Trade Commission (FTC) announced an update to the fees telemarketers must pay to access phone numbers on the National Do Not Call (DNC) Registry for the fiscal year 2025. The revised fees will take...more

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more

FCC Establishes New Rules to Enhance Consumer Control Over Automated Calls and Texts

On February 16, the Federal Communications Commission (FCC) made a significant move to combat consumers’ receipt of unwanted communications. The Telephone Consumer Protection Act (TCPA) already regulates automated calls and...more

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more

FCC Closes Lead Generator Loophole by Requiring One-to-One Consent; Proposes Further Regulation of Robocalls/RoboTexts

On December 13, by a vote of 4-1, the Federal Communications Commission (FCC) adopted new rules aimed at “closing the ‘lead generator’ robocall/robotexts loophole.” Specifically, the rule requires telemarketers to obtain...more

Ohio Federal Court Finds Plaintiff Has Standing in TCPA Case Over Messages Left With Wrong Recipient

On June 28, a magistrate judge in the U.S. District Court for the Southern District of Ohio issued a report recommending that the defendant’s motion to dismiss be denied because the plaintiff had standing under the Telephone...more

Ninth Circuit Holds Phone Owner Suffers Concrete Injury From Unsolicited Telemarketing Texts Even if Not “Actual User” of the...

On June 30, the Ninth Circuit Court of Appeals held that the plaintiff’s claims that she received five text messages to a cell number that she had placed on the National Do-Not-Call Registry satisfied the demands of Article...more

New FCC Requirements for Prerecorded Voice Calls Effective July 20: Is Your Company Prepared to Comply?

The Federal Communications Commission (FCC) recently amended requirements concerning artificial or prerecorded voice calls, effective July 20. See Proposed 47 C.F.R. § 64.1200. Notably, the FCC amended requirements concerning...more

Florida Legislature Narrows Litigation-Spawning Telephone Solicitation Act

On May 2, the Florida legislature passed amendments to the Florida Telephone Solicitation Act (FTSA) that would drastically narrow its scope and presumably cut down on the number of class actions filed pursuant to it. The...more

Treble Trouble in Paradise: Court Refuses to Treble Jury’s $8,500 TCPA Award to Plaintiff

On April 4, the U.S. District Court for the Northern District of Texas declined to increase or treble the plaintiff’s $8,500 jury trial damages awarded under the Telephone Consumer Protection Act (TCPA) after failing to find...more

New York Federal Court Partially Denies MSJ in TCPA Case Finding Possession of Cell Number Does Not Prove Consent

A federal district court in the Western District of New York recently denied in part a motion for summary judgment in a case alleging violations of the Telephone Consumer Protection Act (TCPA) based on collection calls and...more

Consumer Advocates Respond to DentalPlans’s FCC Petition Regarding Membership Renewal Calls

As the Federal Communications Commission (FCC) considers whether DentalPlans.com’s (DentalPlans) plan renewal calls constitute telemarketing under the Telephone Consumer Protection Act (TCPA), multiple interested parties,...more

Amended TCPA Exemptions Rule Published

As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule specifying that to be exempt from the Telephone Consumer Protection Act’s (TCPA) consent requirements callers would be limited to...more

2/3/2023  /  FCC , Robocalling , TCPA , Telecommunications

FCC Issues Mixed-Bag Amended TCPA Exemptions Order

As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule in December 2020 that would place new call-frequency limitations and opt-out requirements on certain prerecorded...more

Dental Plan Provider Petitions FCC for Clarification Regarding Renewal Calls

On January 3, DentalPlans.com (DentalPlans) filed a petition with the Federal Communications Commission (FCC) seeking a declaratory ruling that: (1) renewal notifications do not constitute telemarketing or advertising under...more

FCC Opens Call Spoofing Complaint Portal to Private Entities

The Federal Communications Commission (FCC) announced Tuesday that it has opened a new portal which private companies can use to report suspected robocalls and illegal call spoofing of their numbers. The portal, titled the...more

12/26/2022  /  FCC , Robocalling , Spoofing , Telecommunications

Ninth Circuit Reaffirms Borden Interpretation of ATDS

Do the text messages that Facebook sends to your phone with birthday reminders violate the Telephone Consumer Protection Act (TCPA)? According to the Ninth Circuit in a recent decision, the answer is no because users provided...more

FCC Rules Ringless Voicemails Require Consent

On November 21, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order finding that companies must obtain consent before sending a “ringless voicemail” to a consumer’s phone because it constitutes a...more

11/23/2022  /  ATDS , FCC , Robocalling , TCPA , Telecommunications , Voicemail

Federal Court Finds Text Messages From a Chatbot Do Not Constitute a Prerecorded or Artificial Voice Under the TCPA

Do text messages sent by a chatbot fall within the provisions of the Telephone Consumer Protection Act (TCPA) prohibiting unsolicited calls made using an “artificial or prerecorded voice?” According to the United States...more

Ninth Circuit Reverses Dismissal of Lawsuit Challenging Unwanted Business Texts Holding TCPA Protection Extends to Business...

On October 12, the Ninth Circuit issued a decision, reversing the dismissal of a lawsuit on the grounds that the Telephone Consumer Protection Act (TCPA) does not extend to unwanted business texts. In Chennette v. Porch.com,...more

Anti-Robocall Litigation Task Force Targets Facilitators of Foreign Illegal Robocalls

Escalating efforts to crack down on illegal robocalls, state attorneys general announced on August 2 that they have established a nationwide Anti-Robocall Litigation Task Force. The task force comprises attorneys general from...more

District Court Applies TCPA “Established Business Relationship” Exception to Permit Customer Calls After Contract Termination

On July 18, a New Jersey district court ruled that a customer’s contract termination with a merchant does not also terminate the “established business relationship” (EBR) exception for purposes of the Telephone Consumer...more

California Dealership Resolves Telemarketing Prerecorded Message TCPA Class for $2.5M

In late June 2022, the U.S. District Court for the Central District of California gave final approval for a $2.5 million class-action settlement in Johnson v. Moss Brothers Auto Group to resolve claims brought against a motor...more

Eighth Circuit Holds Text System That Randomly Selects Phone Numbers From Database Does Not Qualify as ATDS

On March 24, the Eighth Circuit Court of Appeals issued an opinion, upholding separate district court decisions finding that a system that sends promotional text messages to phone numbers randomly selected from a database of...more

TCPA: Ninth Circuit Rejects Duguid's "Footnote Seven" Argument, Holding That Storage of a Pre-Produced List Does Not Turn a System...

In a succinct, emphatic opinion issued on January 19, the Ninth Circuit quietly rejected one of the last remaining arguments made by plaintiffs attempting to neutralize the Supreme Court’s decisive Facebook opinion...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide