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The United States Federal Communications Commission Spam

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
Fenwick & West LLP

Strategies for Success in Telemarketing’s Shifting Landscape

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The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more

Klein Moynihan Turco LLP

Not All Telemarketing Calls Are Unsolicited!!

On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this...more

Cozen O'Connor

51 AGs Show Support for FCC Proposal Requiring Wireless Providers to Block Spam Texts

Cozen O'Connor on

The National Association of Attorneys General (NAAG) sent a letter on behalf of a coalition of 51 AGs supporting an FCC proposal meant to cut down on the number of unwanted text messages received by consumers....more

Pillsbury Winthrop Shaw Pittman LLP

FCC Proposes Action on Scam and Spam Text Messaging

The FCC proposes requiring mobile wireless providers to block text messages that appear to come from invalid, unallocated or unused numbers, and numbers on a “Do-Not-Originate” list. It also seeks comment on Over the Top...more

Perkins Coie

What to Expect From Acting Chairwoman Rosenworcel’s FCC

Perkins Coie on

Shortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission (FCC). Acting Chairwoman Rosenworcel is expected to pursue the...more

Eversheds Sutherland (US) LLP

Narrowing the scope of TCPA litigation (for now) – FCC creates reassigned number database and option to block spam text messages

According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned each year. Reassigned...more

Orrick, Herrington & Sutcliffe LLP

Everalbum's User Referral Program Compliant Under TCPA

Photo sharing and storage app Everalbum, and other social media apps that send SMS invitations to a user’s contacts to download the app only at the user’s direction comply with all applicable laws, according to the courts and...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Robinson+Cole Data Privacy + Security Insider

FCC Adopts Declaratory Ruling On TCPA Regulations To Loosen Restrictions On Some Types of Robocalls

On June 18, 2015 the Federal Communications Commission (FCC) adopted a set of declaratory rulings related to robocalls and spam text messages under the Telephone Consumer Protection Act (TCPA). ...more

Foley & Lardner LLP

Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want.

Foley & Lardner LLP on

“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection...more

Davis Wright Tremaine LLP

Thank You Commissioner O'Rielly - FCC Acknowledgment of TCPA Confusion is Long Overdue

But One Vote is Not Enough for Action, Nor Does Action Assure a Favorable Outcome - FCC Commissioner Michael O’Rielly recently blogged that “It is Time to Provide Clarity” on issues swirling around application of the...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - Feb 19, 2014

District Court Finds Consent a Valid Defense to TCPA Claims, Even When Customer Had Provided Phone Number Ten Years Before Autodialed Call - The issue of prior consent, and when and if such consent was provided by a...more

K&L Gates LLP

Laying Down the Law: Illinois Appellate Courts Confirm Insurance Coverage in TCPA Cases

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The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more

McDermott Will & Emery

Are Your Robocalls Legal? Following Federal Law May Not Be Enough

McDermott Will & Emery on

Last week’s Seventh Circuit ruling in Patriotic Veterans v. State of Indiana confirms that businesses should check both federal and state laws before using automatic dialing systems (ATDS) to deliver prerecorded or synthetic...more

K&L Gates LLP

Will Recent Auto-Dialer Decisions Help Rein In TCPA Litigation?

K&L Gates LLP on

Have recent judicial decisions brought much needed sanity to the discussion of what constitutes an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”)? The short answer is:...more

Burr & Forman

FCC Seeks Comment On What Constitutes “Capacity” As The Term Is Used In The TCPA

Burr & Forman on

The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone numbers to be called, using a random or...more

McDermott Will & Emery

Consumer Data Privacy Update for Marketers, Part 2: New Telemarketing/Text Message Marketing Rules Effective October 16, 2013

McDermott Will & Emery on

The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months....more

Davis Wright Tremaine LLP

FCC Seeks Comment on Petitions to Mitigate Impact of New Robocall Rules

The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...more

BakerHostetler

Telemarketing: HIPAA Can Reverse the Charges Under the TCPA

BakerHostetler on

The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Oct 18, 2013

Introducing TCPA Connect - On October 16, the FCC's updated Telephone Consumer Protection Act (TCPA) regulations finally took effect. The new rules pose significant challenges for companies seeking to communicate with...more

Burr & Forman

FCC Rule Requiring Prior Express Written Consent For Telemarketers Goes Into Effect Today

Burr & Forman on

The new FCC rule requiring prior express written consent for all: (1) Autodialed or prerecorded telemarketing calls to wireless numbers; and (2) Prerecorded telemarketing calls to residential lines takes effect today. The...more

McAfee & Taft

Caller beware: Written consent now required for automated telemarketing calls!

McAfee & Taft on

The Federal Communications Commission (FCC) recently enacted new regulations enforcing the Telephone Consumer Protection Act (TCPA). These new regulations, which go into effect October 16, 2013, significantly change the legal...more

Fenwick & West LLP

FCC Changes to the Telephone Consumer Protection Act Take Effect October 16

Fenwick & West LLP on

Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular...more

Davis Wright Tremaine LLP

40 Days and 40 Nights on Mount TCPA: Make Sure You Come Down with Proper Consent for Autodialed, Prerecorded and Text...

Companies that place prerecorded telemarketing calls, or that telemarket to cell phones via text-message or automatic telephone dialing systems, should be well on their way toward compliance with new FCC rules that take...more

Davis Wright Tremaine LLP

Is the FTC Opening a New Front in the War on Commercial Texting?

The Federal Trade Commission (FTC) recently announced it concurrently filed eight complaints in courts around the United States against “senders of spam text messages” who allegedly engaged in deceptive acts or practices by...more

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