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FCC Adopts Rules for TRACED Act Review of Autodialer and Prerecorded-Call Exceptions

The Federal Communications Commission (FCC) has complied with the directive in the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) to review the regulatory exceptions to restrictions on...more

FCC Issues Rulemaking Notice Under TRACED Act Mandate to Revisit Autodialer and Prerecorded-Call Exceptions

Taking its next step to implement the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), the Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) by seeking...more

10/6/2020  /  Auto-Dialed Calls , FCC , NPRM , TCPA , TRACED Act

FCC Adopts New Safe Harbor Rules for Blocking Robocalls

Continuing its efforts to prevent illegal and unwanted robocalls, the Federal Communications Commission (FCC) has adopted a Third Report and Order (Third R&O) further encouraging voice service providers to block illegal and...more

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

Split Among Federal Appellate Courts on Autodialer Definition Deepens (Updated)

Update July 09: The Supreme Court has agreed to resolve the circuit split on the autodialer issue by granting the petition for certiorari in the Facebook v. Duguid case, in what will surely be one of the most closely watched...more

7/10/2020  /  ATDS , Auto-Dialed Calls , FCC , Robocalling , TCPA

Supreme Court Strikes Down Government-debt Exception to TCPA Ban on Autodialed and Prerecorded Calls to Cell Phones

The U.S. Supreme Court issued its ruling in Barr v. American Association of Political Consultants, Inc., affirming the U.S. Court of Appeals for the 4th Circuit's holding that the "government-debt" exception to the Telephone...more

Regulators Turn to Service Providers in Fight Against Robocalls

FCC Asks "Gateway Service Providers" to Help Traceback Efforts of Foreign-Originating Calls, While FTC Warns VoIP Providers Against Facilitating Violations - The Federal Communications Commission (FCC) and Federal Trade...more

Split Among Federal Appellate Courts on Autodialer Definition Deepens

The U.S. Court of Appeals for the 11th Circuit has deepened the split among federal appeals courts as to what constitutes an automatic telephone dialing system (ATDS, or “autodialer”) for purposes of equipment restrictions...more

Supreme Court Agrees to Review TCPA’s Constitutionality

The U.S. Supreme Court has granted certiorari to review whether a 2015 amendment to the Telephone Consumer Protection Act (TCPA) violates the First Amendment and/or if it perhaps renders the statute unconstitutional as a...more

FCC Greenlights Opt-Out Call Blocking of Illegal “Robocalls” Under Carrier-Defined Criteria, After Adding Protection for Lawful...

Commission Also Proposes to Mandate “SHAKEN/STIR” Caller ID Authentication If Major Voice Service Providers Fail to Voluntarily Adopt By Year-End - The Federal Communications Commission (FCC) has taken its most...more

Appeals Court Invalidates TCPA’s Exemption to Automated-Call Prohibition for Collection of Debts Owed to or Guaranteed by the...

With Hobbs Act Case Pending in Supreme Court, 4th Circuit’s Decision May Implicate Fate of Other FCC-Created Exceptions and Allowances Under TCPA’s Automated-Call Ban - The U.S. Court of Appeals for the 4th Circuit has...more

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

East Coast-West Coast: Ninth Circuit Reinvigorates FCC’s Broad Autodialer Definition, Creates Circuit Split on When TCPA Liability...

On September 20, 2018, in Marks v. Crunch San Diego, the Ninth Circuit became the latest federal appeals court to weigh in after the D.C. Circuit’s decision last March invalidating the Federal Communications Commission’s...more

FCC Seeks Comment on Issues Arising from Appellate Reversal of Portions of TCPA Omnibus Order in ACA International

The Federal Communications Commission (FCC) has issued a Public Notice seeking comment on the Telephone Consumer Protection Act (TCPA) definition of “automatic telephone dialing system” (or “autodialer”), potential liability...more

D.C. Circuit Rules on FCC’s 2015 TCPA Omnibus Order: A Mixed Bag

On Friday March 16, 2018 the D.C. Circuit issued its long awaited decision on various challenges to the Federal Communication Commissions (FCC) 2015 Omnibus Declaratory Ruling and Order (Omnibus Order) on the Telephone...more

FCC Targets “Robocalls” By Enabling Voice Providers to Block Inherently Suspect Phone Numbers

The Federal Communications Commission (FCC) has adopted rules aimed at reducing the incidence of “robocalls” by allowing voice service providers to block, before they reach consumers, calls that originate from phone numbers...more

FCC Proposes New Systems to Reduce Illegal Robocalls and Announces Fine Against Autodialing Platform

The Federal Communications Commission (FCC) marked another step in its effort to curtail illegal robocalls. During its recent Open Meeting, the FCC approved Notices of Inquiry (NOIs) into Call Authentication methods and into...more

FCC Issues Federal Debt Collection Robocall Rules

On August 11, the Federal Communications Commission (“FCC”) issued a Report and Order (“R&O”) adopting rules to implement provisions of the Bipartisan Budget Act of 2015, which amended the Telephone Consumer Protection Act...more

Budget Deal Allows Autodialers and Robocalls in Federal Debt Collection

President Barak Obama recently signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which resolved major differences between the White House and Congress, thereby funding the federal government for the next two...more

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