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Safe Harbors Prior Express Consent

Womble Bond Dickinson

Projected Amendments Curbing Florida Mini-TCPA

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Florida H.B. 761 which amends the Florida Telephone Solicitation Act (“FTSA” Fla. Stat. § 501.059) has passed both houses and is awaiting Governor Ron DeSantis’ signature. The proposed amendments significantly restrict the...more

Eversheds Sutherland (US) LLP

TCPA Insurance? A new database offers a wider shield from liability through due diligence

The Telephone Consumer Protection Act (TCPA) poses a constant threat to companies that wish to communicate with existing and prospective customers because the statute imposes strict liability on companies that call or text...more

Mintz

TCPA Regulatory Update — FCC Adopts Safe Harbor to Encourage Blocking of Unwanted Robocalls; FCC Releases TCPA Clarifications &...

Mintz on

FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls - The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed...more

Davis Wright Tremaine LLP

FCC Creates Reassigned Phone Number Database With Safe-Harbor Against TCPA Liability for Users (Updated)

Update July 09: The FCC has issued a Public Notice announcing that beginning July 27, 2020, voice service providers must begin maintaining records of the most recent date each phone number was permanently disconnected and...more

Womble Bond Dickinson

Ninth Circuit Holds in Wrong Number TCPA Case That “Called Party” Does Not Mean “Intended Recipient”

Womble Bond Dickinson on

Liability arising out of calls to reassigned numbers presents one of the biggest challenges to TCPA compliance. Despite the availability of numerous private scrub services aimed at determining whether a number has been...more

Eversheds Sutherland (US) LLP

Dialing In - TCPA top issues to watch in 2020

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more

Womble Bond Dickinson

District Court Holds Callers Have Right to Reasonably Rely on Prior Subscriber’s Consent Under the TCPA

Womble Bond Dickinson on

Wrong number cases continue to be a major driver of individual and class action TCPA litigation. The absence of a reliable and cost-effective method to determine when a phone number is reassigned creates significant...more

Jones Day

FCC Establishes Reassigned Phone Number Database

Jones Day on

The Federal Communications Commission adopts rules for its new database aimed at reducing the number of unwanted calls to reassigned phone numbers. Each year, approximately 35 million telephone numbers in the United States...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

Mintz

TCPA Regulatory Update – FCC Establishes Reassigned Numbers Database and Adopts Safe Harbor

Mintz on

The FCC held its last open meeting of 2018 on December 12, approving two items related to the TCPA as part of its busy year-end agenda, including an item establishing a reassigned number database. We discuss these items...more

Brownstein Hyatt Farber Schreck

FCC Adds a Reassigned Numbers Database Safe Harbor

We recently reported that the Federal Communications Commission (“FCC”) had published a draft order establishing a reassigned number database. The database would provide a central source for callers to determine whether the...more

Davis Wright Tremaine LLP

FCC Creates Reassigned Phone Number Database With Safe-Harbor Against TCPA Liability for Users

The Federal Communications Commission (FCC) has issued a Second Report and Order in its Advanced Methods to Target and Eliminate Robocalls proceeding to create a comprehensive database of phone numbers subject to reassignment...more

Wilson Sonsini Goodrich & Rosati

FCC Adopts Rules to Establish Reassigned Number Database with TCPA Safe Harbor

On December 13, 2018, the U.S. Federal Communications Commission (FCC) released new rules1 relating to the Telephone Consumer Protection Act (TCPA), in an effort to cut down on wrong number calls and texts by establishing a...more

Womble Bond Dickinson

Woah!: The Top 10 Things You Need to Know About the FCC’s Big New Reassigned Number Database (that Isn’t Really a Reassigned...

Womble Bond Dickinson on

All right TCPAland, its official. The FCC has adopted and implemented its new rules regarding the creation of a *cough* reassigned number *cough* database. The rule is designed to cut down on wrong number robocalls... ...more

Womble Bond Dickinson

TCPA Safeharbor Star is Born: FCC Comissioner O’Rielly Explains His Thoughts on the FCC’s New Recycled Number Database, the TCPA...

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I can always count on the TCPAland faithful to keep me honest. To wit: an eagle-eyed reader sent me the following comment...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

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

White and Williams LLP

DC Circuit Court Rejects FCC’s Expansive Definition of ATDS in Long-Awaited TCPA Decision

On March 16, 2018, the US Court of Appeals for the District of Columbia Circuit released its much anticipated ruling in ACA International, et al., v. Federal Communications Commission rejecting the expansive definition of...more

Eversheds Sutherland (US) LLP

Frequently asked questions about the DC Circuit’s ACA International decision

Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International. TCPA R.I.P.? - No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more

Fenwick & West LLP

DC Circuit Offers Companies Measure of Relief from FCC’s 2015 Omnibus TCPA Ruling

Fenwick & West LLP on

The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission’s 2015 Omnibus...more

Jones Day

Back to the Statute: D.C. Circuit Levels the TCPA Playing Field

Jones Day on

In a much-anticipated decision, the U.S. Court of Appeals for the District of Columbia Circuit has set aside the Federal Communications Commission's 2015 Declaratory Ruling, which broadly interpreted the Telephone Consumer...more

Proskauer on Privacy

D.C. Circuit’s Long-Awaited Ruling Narrows FCC’s 2015 TCPA Order

Proskauer on Privacy on

On March 16, 2018, the D.C. Circuit Court of Appeals released a long-awaited decision in ACA International, et al. v. FCC, unanimously ruling to narrow a 2015 Federal Communications Commission (FCC) order (the “2015 Order”)...more

Jackson Lewis P.C.

Federal Communications Commission Order On Telephone Calls Went Too Far, D.C. Circuit Court Rules

Jackson Lewis P.C. on

The U.S. Court of Appeals for the District of Columbia has issued a highly anticipated ruling reviewing the Federal Communications Commission’s July 2015 Declaratory Ruling and Order interpreting the Telephone Consumer...more

Vedder Price

ACA v. FCC Close to a Slam Dunk for TCPA Defendants

Vedder Price on

Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more

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