The Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) that would expand its Telephone Consumer Protection Act (TCPA) rules for callers when they use AI technologies to place calls...more
The Federal Communications Commissions (FCC) published a Notice of Inquiry (NOI) last fall about the implications of emerging artificial intelligence technologies on the Telephone Consumer Protection Act (TCPA) and related...more
At its June Open Commission Meeting, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that proposes to amend its rules implementing the Telephone Consumer Protection Act (TCPA) and...more
Florida is poised to enact major changes to its anti-robocall law, the Florida Telephone Solicitation Act (FTSA). For the past couple of years, Florida has enjoyed a reputation for having the most restrictive automated...more
On July 1, 2021, the Florida Governor signed legislation imposing new restrictions on telemarketing calls. The amendments to the Florida Consumer Protection Law and Florida Telemarketing Law, which are now in effect, create a...more
Uncertainty over the definition of an “automatic telephone dialing system” (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA) has fueled a steady flow of litigation for over a decade. ...more
On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection...more
7/9/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act...more
Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more
On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more
1/31/2020
/ Ambiguous ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Hilton ,
Marketing ,
Popular ,
Prior Express Consent ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier...more
12/23/2019
/ ATDS ,
Attorney General ,
Auto-Dialed Calls ,
Broadband ,
Call Blocking ,
Caller ID Services ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Homeland Security (DHS) ,
FCC ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Penalties ,
Pending Legislation ,
Prior Express Consent ,
Regulatory Agenda ,
Regulatory Standards ,
Regulatory Violations ,
Robocalling ,
Scams ,
TCPA ,
Telecommunications ,
U.S. Commerce Department ,
US Department of State ,
Working Groups
On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls....more
10/9/2019
/ Consumer Privacy Rights ,
Enforcement Authority ,
FCC ,
New Legislation ,
Regulatory Authority ,
Regulatory Requirements ,
Robocalling ,
Spoofing ,
State and Local Government ,
TCPA ,
Telecommunications ,
Unfair or Deceptive Trade Practices
Both Chambers of Congress are considering legislation that would amend the Telephone Consumer Protection Act (“TCPA”). Introduced in the House by Congressman Pallone (H.R. 6026) and in the Senate (S. 3078) by Senator Markey,...more
The United States Court of Appeals for the District of Columbia Circuit issued its long-awaited decision in ACA International, et al, v. FCC, a case involving multiple petitions for review of the Federal Communications...more
Growing evidence suggests that existing Telephone Consumer Protection Act (“TCPA”) compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small...more
A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and...more
The U.S. Federal Communications Commission has adopted a Notice of Apparent Liability (“NAL”) imposing a $82 million penalty against Best Insurance Contracts (d/b/a Wilmington Insurance Quotes) and its owner/operator Philip...more
The U.S. Federal Communications Commission has adopted a Forfeiture Order (“Order”) imposing a nearly $2.9 million penalty against Dialing Services, LLC (“Dialing Services”) for making prerecorded voice calls to wireless...more
The Federal Communications Commission has proposed a historic $120 million fine against an individual, Mr. Adrian Abramovich, who reportedly made more than 100 million unlawful “spoofed” robocalls in violation of the Truth in...more