FCC SEEKS COMMENT ON PERDUE RINGLESS VOICEMAIL PETITION

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TCPAWorld previously reported on the Petition For Declaratory Ruling filed with the Federal Communications Commission (FCC) on July 2, 2021 by Perdue for Senate, Inc. (Perdue) https://tcpaworld.com/2021/07/07/perdue-campaign-to-fcc-declare-that-certain-ringless-voice-mails-are-not-calls-under-the-tcpa/.

Perdue’s Petition requests that the agency  “‘clarify that delivery of a voice message directly to a voicemail box through ringless voicemail (‘RVM’) technology does not constitute a ‘call’ subject to prohibitions on the use of an automatic telephone dialing system (‘ATDS’) or an artificial or prerecorded voice under Section 227(b)(1)(A)(iii) of the Telephone Consumer Protection Act (‘TCPA’) or Section 64.1200(a)(1)(iii) of the [Commission’s] rules.’”

The Commission, by Public Notice dated September 3, 2021, now seeks public comment on Perdue’s request https://docs.fcc.gov/public/attachments/DA-21-1102A1.pdf.

Per the Public Notice, initial comments are due by October 4, 2021; reply comments are due by October 19, 2021.

TCPAWorld will continue to follow.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. There is no way I would want ringless voicemails sent to my number. Sure it would be great for the politicians trying to send out their message, however, I do not want my voicemail box filled up with unwanted messages from them asking for donations and the like. It would be a waste of my time to have to go into my voicemail box because it is full and clean out their junk messages just so I can receive important messages from friends and family if I am unable to answer their call.

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