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Author: Paul C. Besozzi

I have practiced in the telecommunications regulatory field, including before the FCC and state regulatory agencies, for some 35 years. This has included advising clients on all manner of compliance, rulemaking, enforcement and legislative issues relating to the Telephone Consumer Protection Act and Junk Fax Act, particularly before the FCC which develops the regulations implementing those statutes. My efforts include reviewing clients' technology and TCPA compliance plans to determine whether they meet FCC requirements and advising on strategies for raising issues with the FCC.
Uncategorized

$500 A CALL NOT AN IMMUTABLE SUM WHERE TCPA MULTIPLIER YIELDS BILLIONS

18 Jul 201922 Jul 2019
When you make 3,242,493 phone calls in violation of the Telephone Consumer Protection Act (TCPA) – even when “American freedom and liberty” are involved – the potential statutory damages mount…
Legislation

FULL HOUSE ENERGY AND COMMERCE COMMITTEE UNANIMOUSLY APPROVES BIPARTISAN ROBOCALL BILL

17 Jul 201929 Jul 2019
The full House Committee on Energy and Commerce, this morning, approved a further amended Stopping Bad Robocalls Act, H.R. 3375, by a 48-0 roll call vote. Before doing so, the…
Congressional Action…

FULL ENERGY AND COMMERCE COMMITTEE TO MARKUP ROBOCALL BILL TOMORROW

16 Jul 2019
The full House Committee on Energy and Commerce will hold a markup tomorrow morning of a list of some 26 bills, with the first on the list being the Stopping…
Class Actions

TCPA SAGA: DR. MAUTHE REVISITED

3 Jul 20198 Jul 2019
You may remember the name Dr. Mauthe. Having received unsolicited faxes asking him to update his professional contact information, he argued that the ultimate “profit motive” of the sender made…
FCC Action

FCC SETS COMMENT DATES ON CRITICAL CALLS LIST

1 Jul 2019
The Federal Communications Commission (FCC) has formally announced comment deadlines for its Third Further Notice of Proposed Rulemaking (FNPRM) regarding advanced methods to target and eliminate unlawful robocalls. The agency…
Legislation…

HUGE TCPA NEWS: HOUSE SUBCOMMITTEE APPROVES BIPARTISAN ROBOCALL BILL

25 Jun 201927 Jun 2019
With nary a dissenting voice, the House Subcommittee on Communications and Technology this afternoon approved and sent to the full House Committee on Energy and Commerce an amended Stopping Bad…
Legislation…

HOUSE SUBCOMMITTEE TO MARKUP COMPOSITE ROBOCALL BILL TOMORROW

24 Jun 201925 Jun 2019
The Subcommittee on Communications and Technology of the House Energy and Commerce Committee will hold a markup of the “new” Stopping Bad Robocalls Act, H.R. 3375, tomorrow starting at 2:00…
Congressional Action…

YET ANOTHER TCPA/ROBOCALL BILL: HELPING “LOCK UP” ROBOCALLERS

20 Jun 201921 Jun 2019
Not to be outdone by their U.S. Senate colleagues, six Members of the House of Representatives have introduced the bi-partisan Locking Up Robocallers Act of 2019, H.R. 3325. The lead…
FCC Action…

MORE BIG TCPA NEWS: BI-PARTISAN DEAL STRUCK ON HOUSE ROBOCALLS BILL

20 Jun 201921 Jun 2019
This morning House Committee on Energy and Commerce Chairman Frank Pallone (D-NJ) and Ranking Member Greg Walden (R-ORE) announced bi-partisan agreement on a composite robocall bill, which will also be…
Legislation…

Facing Hard Time: Congress Ratcheting Up Potential Criminal Penalties For TCPA Violations

18 Jun 201920 Jun 2019
With the TRACED Act, S. 151, safely passed and resting with the House Committee on Energy and Commerce, a quartet of Democratic Senators have turned their legislative attention to beefing…
Congressional Action…

House Robocall Legislation Taking Shape

12 Jun 201913 Jun 2019
With Congress back on Capitol Hill after its latest recess, reports are emanating that a compromise, composite House robocall bill is in the works. Reportedly, House Committee on Energy and…
ATDS/Predictive Dialer Cases

A TCPA call is “made”: Successful Attempt Or Actual Receipt?

7 Jun 201910 Jun 2019
This was the central question addressed by the Eastern District of New York earlier this week in M.A. v. Nra Group, 2019 U.S. Dist. LEXIS 93444, 17–cv-7483 (NG) (RLM) (filed…
FCC Action

DEEPER DIVE: FCC Affords Legal Foundation For Aggressive Blocking Of Unwanted Robocalls

6 Jun 20197 Jun 2019
As earlier reported, the Federal Communications Commission (FCC) today approved a Declaratory Ruling affirming that “voice service providers may, as the default, block unwanted calls based on reasonable call analytics,…
Uncategorized

Profit Motive Does Not Magically Transform Data Request Fax Into Unsolicited Advertisement

29 May 201931 May 2019
To the extent that facsimiles remain communications vehicles of choice, can a tangential “profit motive” be the basis for a TCPA violation? Imaginative theory, but hold the fort in effect…
FCC Action…

It Just Got Real: TRACED Act Barrels Across The Senate Goal Line

23 May 201924 May 2019
The US Senate today approved the TRACED Act, S. 151, as reported by the Senate Committee on Commerce, Science and Transportation, by a vote of 97-1. Only Senator Rand Paul…
FCC Action…

Pai To State AGs: Unwanted Robocalls Require Comprehensive Response

22 May 201923 May 2019
In addressing the National Association of Attorneys General (AG) on Monday in Washington, Federal Communications Commission (FCC) Chairman Ajit Pai first warned attendees to turn off their cellphones for fear…
Congressional Action…

Washington Update: TCPA Week In the Capital

16 May 201920 May 2019
Federal Communications Commission (FCC) “summit” announcements, a Congressional oversight hearing with all FCC Commissioners, proposals for default call-blocking services, yet more sponsors for the Senate’s TRACED Act, and a forceful…
Legislation…

TRACED Act Train Rolls On

8 May 20198 May 2019
Senators continue to sign on to the TRACED Act, S. 151, in the aftermath of its approval by the US Senate Committee on Commerce, Science and Transportation. As approved by…
ATDS/Human Intervention…

Heavy Duty Ruling: Sheer Call Numbers Do Not Equate To An ATDS

7 May 20199 May 2019
The bare allegation of a large number of calls received is not enough to infer the employment of an automatic telephone dialing system (ATDS) to make them. That was the…
FCC Action…

Building a Record: House Subcommittee Plumbs Depths Of Legislative Solutions To Illegal Robocalls

1 May 20192 May 2019
Over the course of two and a half hours yesterday morning, nineteen members of the House Communications and Technology Subcommittee (ten Democrats and nine Republicans), including the Chairman and Ranking…
Congressional Action…

Huge TCPA Impact?: Congressional Focus On Robocall Legislation Shifts To House of Representatives With Hearing and New Bills

29 Apr 201930 Apr 2019
Not to be outdone by their Senate colleagues, the legislative focus on combating illegal robocalls shifts to the U.S. House of Representatives this week. The Subcommittee on Communications and Technology…
Uncategorized

Primary Jurisdiction Patience Prevails In Reassigned Number Case

18 Apr 201918 Apr 2019
Of late, it seems that courts have been reluctant to stay pending TCPA cases as the Federal Communications Commission (FCC) continues to consider how to address key issues opened by…
Congressional Action…

Legislative Initiatives To Address Illegal Robocalls Continue

15 Apr 201916 Apr 2019
As he promised last week, Senator Richard Blumenthal (D-CT) has reintroduced the Repeated Objectionable Bothering of Consumers on Phones (“ROBOCOP”) Act in the US Senate. S. 1212 was referred to…
TRACED Act

TCPA Senate Testimony: Senate Focus On Combating Illegal “Robocalls” Continues

11 Apr 201912 Apr 2019
Members of the US Senate Subcommittee on Communications, Technology, Innovation and the Internet today focused on how to combat illegal robocalls, particularly the spoofed variety. In a roughly two hour…

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