FCC Action – TCPAWorld

District Court in the Ninth Circuit Holds That Bureau-Level Decision Is Binding, Contradicting Fourth Circuit’s Decision on Remand in PDR

10 Jan 202110 Jan 2021

A Christmas Eve decision from the Northern District of California addressed an important and recurring issue in the TCPAWorld: Whether the Hobbs Act requires a district court to accept the…

FCC Action

BREAKING: FCC Chairman Pai To Step Down January 20

30 Nov 20201 Dec 2020

FCC Chairman Ajit Pai just announced that he will step down effective January 20, 2021 – Inauguration Day. Chairman Pai’s current term as a commissioner was set to expire in…

FCC Action

FCC Bureau Rejects “Strict Liability” Regime for Fax Advertisements

23 Sep 202024 Sep 2020

The TCPA prohibits any person from sending an unsolicited advertisement to a telephone facsimile machine. The Commission's rules define "sender" as "the person or entity on whose behalf a facsimile…

ATDS/Predictive Dialer Cases…

The TCPA and the First Amendment: Where We Are and Where We’re Going

13 Jul 202015 Jul 2020

Following the Supreme Court’s long awaited, but ultimately disappointing, decision in Barr v. AAPC, one thing is clear. Broad, facial challenges to the TCPA based on the government-backed debt exemption…

FCC Action

FCC ACTS TO IMPLEMENT REQUIREMENTS OF SECTION 3 OF TRACED ACT

1 May 20201 May 2020

The Federal Communications Commission (FCC) took action today to implement elements of Section 3 of the Pallone-Thune TRACED Act, changing its existing Telephone Consumer Protection Act (TCPA) rules without seeking…

FCC Action

FCC Seeks Comments On Measures To Combat One-Ring Scams

30 Apr 2020

To fulfill yet another requirement of the Pallone-Thune TRACED Act, the Federal Communications Commission (FCC) has initiated a rulemaking proceeding to address one-ring scams. These occur “when a call placed…

FCC Action

FCC ESTABLISHES REASSIGNED NUMBER DATABASE GUIDELINES

17 Apr 202018 Apr 2020

The Federal Communications Commission (FCC) Wireline Competition Bureau (Bureau) has established guidelines involving key terms and the disposition of excess funds for the reassigned number database being deployed to address…

FCC Action

FCC SETS COMMENT DATES FOR ABA PETITION

7 Apr 2020

TCPAWorld previously reported on the Petition for expedited declaratory ruling, clarification, or waiver filed by the American Bankers Association and several other financial associations. The Petition contends that “calls or…

COVID-19…

FCC AND FTC JOINTLY WARN GATEWAY CARRIERS TO CEASE FACILITATING CORONAVIRUS ROBOCALLS

6 Apr 2020

Following on recent Congressional urging about scam robocalls that promise coronavirus testing and possible cures, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC), on April 3, sent letters…

FCC Action…

BREAKING: FCC TAKES NARROW VIEW OF TCPA “EMERGENCY PURPOSES” EXEMPTION FOR CORONAVIRUS-RELATED TEXTS

22 Mar 202023 Mar 2020

A lot of firms have been taking stabs with misleading “emergency purposes” TCPA blogs regarding the coronavirus epidemic- hazarding a guess about what is, and is not, permissible without any…

Congressional Action…

UPDATED: TCPA Czar Joins NPR to Discuss TCPA, TRACED and Why We’ll Never Solve the Robocall Problem Relying on Old/Bad Laws (W/ PICS!)

26 Dec 20197 Jan 2020

It takes a lot to get the Czar out of the world-renown Squire Patton Boggs Podcast Studio 8H, but the chance to appear before a national audience on NPR's On…

ATDS/Human Intervention…

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201922 Mar 2020

For those of you looking for entertainment on your holiday drive, look no further than NPR's live call-in show, "On Point," at 10 AM Eastern/7 AM Pacific. The Czar will…

FCC Action…

Capital One Asks the FCC To Make It Easier For You to Communicate With its Very Polite Texting Robot: Here’s Why That’s a Good Thing

15 Nov 201919 Nov 2019

Here’s a case of an old law interfering with new and advanced technology. Imagine you’re a major bank employing a super intelligent texting robot that can answer literally every question…

FCC Action…

Well That Was Quick: FCC Issues Public Notice on Critical Petition In Just Six Days–Now Its Your Turn to Comment

20 Sep 201923 Sep 2019

Last week we reported on a critical petition to the FCC essentially asking it to clarify what a prerecorded call is under the TCPA; i.e. does the TCPA apply to…

FCC Action…

Mark(s) My Words: No Stays in the Ninth Circuit to Await FCC Guidance on the Meaning of an ATDS

8 Aug 20199 Aug 2019

TCPA World, another update in our continuing coverage of stays in TCPA cases on primary jurisdiction grounds. As you know, the FCC has sought public comment on the parameters of…

FCC Action…

Hobbs Act On the Ropes in the Eleventh Circuit!: Panel Rejecting Solicited Fax TCPA Rule Absolutely Torches Hobbs Act in Published Ruling

30 Jul 201931 Jul 2019

Well that was unexpected. The Circuit Court of Appeal that brought the nation’s strongest rebuke of a district court failing to honor Hobbs Act jurisdiction in a TCPA appeal— see…

FCC Action…

Pushing Back: Industry Requests FCC Deem Certain Servicing Calls “Critical” and Unblockable Under New Default Call Blocking Rules

26 Jul 201927 Jul 2019

As we reported extensively back in June, the FCC recently adopted a rule allowing carriers to opt consumers using their networks into call blocking tools by default. This means that…

ATDS/Predictive Dialer Cases…

Good News In Bad Reyes: Southern District of Florida Stays Case Pending FCC Rulemaking

10 Jul 201915 Jul 2019

Everyone in TCPAWorld is familiar with the two Reyes cases. In Good Reyes, the Second Circuit held that contractual consent cannot be revoked unilaterally. Which makes sense, because contracts are…

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…

FCC Action…

Supreme Deference: New Supreme Court Ruling Underscores Why Courts Should Pause TCPA Cases Pending FCC ATDS Ruling

27 Jun 201928 Jun 2019

It wasn’t supposed to be this way for Justice Kavanaugh. He joined the Court with high and oft-reported aspirations of gutting the entire rubric of judicial deference to agency action.…

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…

FCC Action

Confusion Abounds: Supreme Court Questions Hobbs Act Deference Without Actually Deciding Hobbs Act Deference In PDR Network.

20 Jun 201921 Jun 2019

We’ve seen this play before. Everyone in TCPAWorld – plaintiffs, defendants, regulators, mere enthusiasts – anxiously awaits an appellate decision that will certainly bring clarity to the confusing morass that…

FCC Action…

“Game Changer” in Big ViSalus TCPA Trial: Did An FCC Ruling Just Undo The Potential $925MM TCPA Judgment?

17 Jun 201919 Jun 2019

Anyone who doesn’t believe that a petition to the FCC can help in the context of private litigation better listen up. By now you’re likely well aware of the big…

FCC Action…

Get to Work!: Founder of Analytics Company Numeracle Joins Unprecedented to Explain What Callers MUST Do Now that Default Call Blocking Rules Are In Place

11 Jun 201912 Jun 2019

We're pretty good at staying on top of the trends here at TCPAWorld.com. (Remember that time we had the CEOS of YouMail and Hiya on our podcast the very same…

FCC Action…

FCC “Passes the Baton” on Stopping Robocalls to Carriers: Final Declaratory Ruling on Default Call Blocking Adopted— Caller Redress Mechanism Part of the Final Ruling

10 Jun 201912 Jun 2019

Well it is now officially official. Late on Friday the FCC formalized policies allowing carriers to block calls by default—using “reasonable analytics” to determine which calls are likely to be…

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,…

FCC Action…

It’s Official– Unanimous FCC Gives Carriers Right to Block Calls They Think You Don’t Want

6 Jun 201910 Jun 2019

In unsurprising but important TCPAWorld news today, the FCC has unanimously approved a rule allowing carriers to block calls the carriers identify as potentially unwanted using "reasonable analytics." As I…

FCC Action…

Now I Get It! FCC’s Potentially Forthcoming Call Blocking Rule Explained– Carriers May Soon Be Able to Auto-Enroll You Into Call Blocking Features By Default

4 Jun 20195 Jun 2019

You've probably heard some of the hullabaloo regarding the FCC's new call blocking proposal. What's it really all about? Glad you asked. As the battle against robocalls shifts into high…

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…

FCC Action

The FCC Speaks: Commissioner O’Rielly Highlights The Need For TCPA Reform And Cites The Czar’s Epic Takedown of John Oliver’s False “Robocall” Narrative

16 May 201920 May 2019

In an expansive speech before ACA International – yes, the ACA International of ACA Int’l v. FCC fame – Commissioner O’Rielly stated emphatically that “[n]ow, more than ever, it’s crucial…

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…

FCC Action…

Compromise TCPA FCC Proposal Gathers Steam: Recent FCC Submission Fleshes out Potential ATDS and Revocation Paradigms

3 May 20197 May 2019

As we reported a few weeks back, the Baron and I are working hard to break the logjam and assist the Federal Communications Commission (“FCC”) to reach a ruling on…

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…

FCC Action…

BREAKING: FCC Seeks Comment on Reassigned Database Reconsideration Requests

30 Apr 20191 May 2019

Yesterday the FCC issued a Public Notice seeking comment on a joint petition by the Competitive Carriers Association, CTIA, and the U.S. Telecom Association asking the Commission to reconsider its…

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