News & Analysis as of

Comment Period Auto-Dialed Calls

Perkins Coie

FCC Proposes New Rules for AI-Generated Content in Calls and Texts

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The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more

WilmerHale

FCC Adopts New Robocall and Robotext Consent Rules Under TCPA

WilmerHale on

On February 15, the Federal Communications Commission (FCC or “the Commission”) adopted a Report and Order and Further Notice of Proposed Rulemaking (“the Order”) pursuant to the Telephone Consumer Protection Act (TCPA) that...more

Womble Bond Dickinson

TCPA Issues to be Considered at December 13, 2023 FCC Open Meeting

Womble Bond Dickinson on

The FCC will consider at its Open Meeting this Wednesday, December 13, 2023, a TCPA item focused on “robotexting”, which will be the second item considered at the meeting, scheduled to commence at 10:30 a.m. ET....more

Womble Bond Dickinson

FCC Opens Inquiry Into AI’s Evolving Use in Robocalls and Robotexts, and Potential Consumer Impacts

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The FCC has adopted a Notice of Inquiry seeking public comment on the use of evolving AI technologies in robocall and robotext campaigns, potential consumer impacts, and associated issues surrounding TCPA compliance and the...more

Cooley LLP

FCC Explores Impact of AI on Robocalls and Robotexts

Cooley LLP on

The Federal Communications Commission (FCC) released a notice of inquiry (NOI) seeking comment on the implications of artificial intelligence (AI) technologies on robocalls and robotexts. The inquiry aligns with other AI...more

Womble Bond Dickinson

FCC Proposes Rules to Further Tighten, Codify Various TCPA Consent Requirements

Womble Bond Dickinson on

The FCC has adopted a Notice of Proposed Rulemaking proposing to further tighten and to codify in its rules various Commission declaratory rulings on TCPA consent requirements that are applicable to autodialed calls and...more

Faegre Drinker Biddle & Reath LLP

FCC Seeks Comment on HHS/CMS Request for Certainty About Communications Critical to Federal and State Health Insurance Programs...

Reacting quickly to a joint request by the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) (collectively, the Health Agencies) last Thursday, the FCC released a Public...more

Goodwin

CFPB Proposes Mortgage Servicing Changes; Supreme Court Weighs in on TCPA

Goodwin on

In This Issue. The Consumer Financial Protection Bureau (CFPB) continued to be active under its new leadership this week, warning mortgage servicers to prepare now for an anticipated surge of homeowners needing assistance...more

Goodwin

Financial Services Weekly News: FDIC Releases Guide To Connect Fintechs With Banks

Goodwin on

In This Issue. The Federal Deposit Insurance Corporation (FDIC) released a new guide to help financial technology companies and others partner with banks; the Financial Industry Regulatory Authority (FINRA) announced that it...more

Womble Bond Dickinson

FCC Inches Forward with Creation of Reassigned Numbers Database; Seeks Comments on Technical Requirements

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The FCC has issued a Public Notice seeking comments on the Technical Requirements for the Reassigned Numbers Database (RND) that it ordered to be created in 2018 in response to concerns that businesses had no way of ensuring...more

ArentFox Schiff

Bank Seeks Common Sense TCPA Clarification on Opt-Out Confirmation Texts

ArentFox Schiff on

The Federal Communications Commission requests comment on whether companies can send follow-up messages to clarify the scope of a consumer’s opt-out without violating the TCPA. ...more

Faegre Drinker Biddle & Reath LLP

New Petition Seeking FCC Clarification That Calls Using Soundboard Technology Are Not “Entirely Prerecorded Calls” Prohibited By...

The FCC’s TCPA docket now has two pending petitions for declaratory ruling on the question as to whether outbound telemarketing calls made through soundboard technology are prohibited communications if made without prior...more

Eversheds Sutherland (US) LLP

REDIAL: 2018 TCPA Year-in-Review – Analysis of Critical Issues and Trends in TCPA Compliance and Litigation

Eversheds Sutherland is pleased to send you its fifth annual REDIAL: 2018 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our...more

Womble Bond Dickinson

Encore Capital Rages Against the TCPA Machine, Noble Corp. Educates, PACE Elucidates in New FCC Comments (TCPAland Comment Review...

Womble Bond Dickinson on

Well yesterday was the deadline for supplemental comments on the FCC’s big TCPA Public Notice. So today I begin the process of reading and digesting these things and reporting to all of you - I have just reviewed these in...more

Dorsey & Whitney LLP

Fall is for Falling Leaves, Thanksgiving, and TCPA Omnibus II?

Dorsey & Whitney LLP on

As this year speeds to a close, we are on pins and needles to see if the FCC will issue a ruling this Fall in the great ACA Int’l TCPA remand. After all, the FCC provided only two weeks for comment in its latest Public Notice...more

Womble Bond Dickinson

TCPA Case Closed!: Trueblue Defendants Finish the Deal– Earn Summary Judgment Because System Did not Dial Randomly or...

Womble Bond Dickinson on

Marks? What’s Marks? That’s the question TCPA litigants may be asking themselves after today’s big win by Defendants in Gary v. Gershwin A. Drain Trueblue, Case No. 17-cv-10544, 2018 U.S. Dist. LEXIS 175021 (E.D. Mich....more

Goodwin

Ninth Circuit Issues Opinion on TCPA ATDS Definition

Goodwin on

On September 20, 2018, the Ninth Circuit issued an opinion finding that the Telephone Consumer Protection Act’s (TCPA’s) “automatic telephone dialing system” (ATDS) definition is vague and ambiguous, and interpreting the...more

Eversheds Sutherland (US) LLP

Crunch time - courts split on definition of autodialer under TCPA and FCC requests immediate supplemental comments

On October 3, the Federal Communications Commission (FCC) instituted a brief, immediate, supplemental comment period as it seeks to resolve an issue at the heart of thousands of lawsuits filed under the Telephone Consumer...more

Womble Bond Dickinson

“Potential” TCPA Disaster: Does Marks Re-Introduce the Phantom of Potential Capacity to the TCPA’s ATDS Definition?

Womble Bond Dickinson on

As we get near Halloween, how about a quick tale of a phantom lurking in our halls? Amidst all of the hubbub surrounding the big Marks opinion a couple weeks back–including the FCC’s decision to re-open the comment period...more

Ballard Spahr LLP

FCC seeks comments on TCPA autodialer definition following Ninth Circuit Marks decision

Ballard Spahr LLP on

The Federal Communications Commission (FCC) has issued a notice asking for comment on what constitutes an automatic telephone dialing system (ATDS) under the TCPA following the Ninth Circuit’s September 20, 2018 decision in...more

Womble Bond Dickinson

Breaking TCPA News: FCC Seeks Further Comment on Interpretation of the Telephone Consumer Protection Act in Light of the Ninth...

Womble Bond Dickinson on

Supplemental Public Notice on TCPA Scope Post Marks - Well the Marks case just got even bigger somehow. After the extreme position taken by the Ninth Circuit Court of Appeal two weeks ago the Federal Communications...more

Womble Bond Dickinson

Counter-Punch: GOP Senators Submit Their Own TCPA Letter to FCC Urging Restraint

Womble Bond Dickinson on

As I reported a few weeks back, a block of 14 Democratic Senators recently wrote to FCC Chairman Pai and urged him to maintain the Commission’s broad reading of, inter alia, the TCPA’s ATDS definition. Not to be outdone,...more

Sheppard Mullin Richter & Hampton LLP

Once Bitten, Twice Shy: FCC Revisits Its Telemarketing Regulations In Light Of The DC Circuit’s Decision Striking Down Core...

On March 16, 2018, the United States Court of Appeals for the District of Columbia Circuit issued its long awaited decision in ACA International v. FCC, in which a group of petitioners across a spectrum of industries sought...more

Locke Lord LLP

Where Do Things Stand? Courts Reach Different Conclusions About How the D.C. Circuit’s ACA Int’l Ruling Impacts Prior FCC Rulings

Locke Lord LLP on

While everyone agrees that the D.C. Circuit’s decision in ACA Int’l v. FCC rejecting the FCC’s broad definition of an “automatic telephone dialing system” was a game changer for TCPA litigation, courts are struggling to...more

Eversheds Sutherland (US) LLP

Now’s your chance - FCC asks for help defining autodialer, other TCPA issues

“What is an autodialer?” The FCC wants to know what you think. For years, the question of what constitutes an autodialer has confounded courts, the Federal Communications Commission (FCC), and companies that call and text...more

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