News & Analysis as of

Public Notice Telephone Consumer Protection Act

Pillsbury Winthrop Shaw Pittman LLP

Congress and the FCC Seek to Protect Americans from Robocalls and Robotexts Using AI-Generated Content

In the wake of an AI-generated robocall that featured a deepfake of President Biden’s voice, the Federal Communications Commission unanimously adopted a Declaratory Ruling confirming that calls that use cloned voices or other...more

Shipkevich PLLC

Reminder: TCPA Regulations Impacting Autodialers Come into Effect July 20, 2023

Shipkevich PLLC on

As a reminder, on July 20, 2023, the following revisions, among others, will come into effect regarding the TCPA. One of the essential changes to the TCPA regulations is that residential telephone subscribers will now have...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

Manatt, Phelps & Phillips, LLP

FCC Affirms Application of Emergency Purposes Exception to COVID-19 Plasma Donation Calls and Texts

On July 28, 2020, the Federal Communications Commission (FCC) issued a public notice clarifying its prior guidance regarding the types of COVID-19-related communications that fall within the “emergency purposes” exception to...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

Womble Bond Dickinson

FCC Seeks Industry Comments Regarding Call Blocking

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Just before the end of the year, the FCC issued a Public Notice seeking industry input regarding call blocking measures implemented to date, as well as the impact and effectiveness such measures have had following its Call...more

Womble Bond Dickinson

FCC Seeks Comments Whether Opt-Out Follow-Up Texts Violate TCPA

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The FCC issued a Public Notice seeking comments on whether companies sending text messages can send a follow-up text message to clarify the scope of an opt-out request without violating the TCPA....more

Mintz

TCPA Regulatory Update: FCC on NPRMs and Petitions; the 2020 Census

Mintz on

FCC Continues Review of Comments on NPRMs and Petitions, Meets with Stakeholders - The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any...more

Burr & Forman

FCC Seeks Comment on ATDS Under the TCPA After Marks v. Crunch San Diego

Burr & Forman on

On October 3, 2018, the FCC issued a Public Notice to seek comment on what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) in the wake of the Ninth Circuit’s Marks...more

Womble Bond Dickinson

THIS IS A TEST: Could the Presidential Text Message Alert System be in Violation of Privacy Rights Afforded by the First and...

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Last Wednesday, most of us received a jarring alert on our cellphones at approximately 2:18 p.m. (EST) It read, “THIS IS A TEST of the National Wireless System. No action is required.” This was a test of the Wireless...more

Womble Bond Dickinson

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

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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

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

Manatt, Phelps & Phillips, LLP

Republicans Take a Turn Reaching Out to FCC

In the wake of the major shake-up resulting from the D.C. Circuit’s recent decision, ACA International v. FCC, the Federal Communications Commission (FCC) released a public notice requesting comment on how the agency should...more

Womble Bond Dickinson

The Eye of the Beholder: New TCPA Human Intervention Decision Underscores Elusive Nature of ATDS Definition

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As TCPAland residents know well by now, the decision in ACA Int’l has left courts searching for direction on how best to apply the Telephone Consumer Protection Act’s (“TCPA”) definition of automated telephone dialing system....more

Womble Bond Dickinson

Sending A Helping Hand: Seventh Circuit confirms rejection of strict liability standard for definition of a “sender” of...

Womble Bond Dickinson on

TCPAland truly is a hotbed of statutory interpretation. As we eagerly await the ruling on the FCC’s Public Notice concerning the interpretation and scope of the TCPA in the wake of the ACA Int’l decision, and continue to...more

Dorsey & Whitney LLP

Callers Beware: Direct Drop Voicemails Fall Within the Purview of TCPA Liability Says District Court

Dorsey & Whitney LLP on

Direct drop voicemails – voicemails that hit your phone without it even ringing – are a hot topic these days. They were one of the main subjects of consumer complaints to the FCC in response to the May Public Notice seeking...more

Womble Bond Dickinson

Consumer-Side TCPA Comments Reviewed: CFPB Respectful, Consumer Action Aggressive, Cunningham and Moskowitz Taciturn in their...

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With the FCC’s comment deadline now behind us–it was June 13, 2018–we here at TCPAland have begun the process of reviewing the comments submitted to the FCC to share whatever nuggets of wisdom we can glean. The review...more

Womble Bond Dickinson

The FCC is Set to Consider the Definition of “Called Party” and the Fate of the TCPA Hangs in the Balance

Womble Bond Dickinson on

As we reported here last week, the FCC is seeking comment on a number of key issues that were addressed in ACA Int’l. One of these key issues is the definition of the term “called party,” which has the potential to completely...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

Womble Bond Dickinson

Silence is Golden: FCC’s Decision Not to Address Cunningham-Moskowitz Petition in TCPA Public Notice Speaks Volumes

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Sometimes its what’s missing that says the most. The FCC’s Public Notice respecting the scope and architecture of the TCPA is notable for numerous reasons, as my Washington D.C. colleagues just explained yesterday....more

Womble Bond Dickinson

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

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Comment Date: June 13, 2018 - Reply Comment Date: June 28, 2018 - As we told you in this week’s flash breaking news, less than a week after the D.C. Circuit Court of Appeals issued its mandate following the ACA Int’l...more

Burr & Forman

FCC Seeks Comments on TCPA in Wake of ACA International Decision

Burr & Forman on

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more

Hogan Lovells

FCC Seeks to Refresh the TCPA Record

Hogan Lovells on

Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board...more

Womble Bond Dickinson

BREAKING: FCC Seeks Comment on Scope of TCPA Following ACA Int’l

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Well that didn’t take long. With the D.C. Circuit Court of Appeal issuing its mandate following the ACA Int’l ruling last week, the ball was back in the FCC’s courts to address the architecture and reach of the TCPA....more

Mintz

Monthly TCPA Digest - May 2017

Mintz on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

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