News & Analysis as of

Public Comment Telephone Consumer Protection Act

Eversheds Sutherland (US) LLP

FCC seeks comments amid wave of “after hours” texting complaints and Trump Administration’s “Delete, Delete, Delete” order

The Federal Communications Commission (FCC or Commission) issued two notices for public comment in mid-March on hot-button issues, suggesting that newly-minted Chair Brendan Carr’s tenure will be an active one. On March 11,...more

Womble Bond Dickinson

TCPA Issues to be Considered at December 13, 2023 FCC Open Meeting

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The FCC will consider at its Open Meeting this Wednesday, December 13, 2023, a TCPA item focused on “robotexting”, which will be the second item considered at the meeting, scheduled to commence at 10:30 a.m. ET....more

Womble Bond Dickinson

FCC Opens Inquiry Into AI’s Evolving Use in Robocalls and Robotexts, and Potential Consumer Impacts

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The FCC has adopted a Notice of Inquiry seeking public comment on the use of evolving AI technologies in robocall and robotext campaigns, potential consumer impacts, and associated issues surrounding TCPA compliance and the...more

Goodwin

FCC Proposes Rules To Block Illegal Text Messages and Close the “Lead Generator Loophole”

Goodwin on

​​​​​​​On February 23, 2023, the Federal Communications Commission (FCC) issued a Further Notice of Proposed Rulemaking (FNPRM) seeking public comment on proposed rules targeting unlawful text messages. If the proposed rules...more

Faegre Drinker Biddle & Reath LLP

The FCC Has Illegal and Scam Robotexting in its Sights, Proposed New Text Blocking Rules

For those regularly monitoring the FCC’s various TCPA dockets, you now have a new docket to follow: CG Docket No. 21-402. The FCC announced on September 27, 2022 that all Commissioners had voted to commence a new robotext...more

Faegre Drinker Biddle & Reath LLP

FCC Seeks Comment on HHS/CMS Request for Certainty About Communications Critical to Federal and State Health Insurance Programs...

Reacting quickly to a joint request by the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) (collectively, the Health Agencies) last Thursday, the FCC released a Public...more

Goodwin

CFPB Proposes Mortgage Servicing Changes; Supreme Court Weighs in on TCPA

Goodwin on

In This Issue. The Consumer Financial Protection Bureau (CFPB) continued to be active under its new leadership this week, warning mortgage servicers to prepare now for an anticipated surge of homeowners needing assistance...more

Goodwin

Financial Services Weekly News: FDIC Releases Guide To Connect Fintechs With Banks

Goodwin on

In This Issue. The Federal Deposit Insurance Corporation (FDIC) released a new guide to help financial technology companies and others partner with banks; the Financial Industry Regulatory Authority (FINRA) announced that it...more

BCLP

FCC Urged to Take Action on Litigation-Fueling Autodialer Issue Under TCPA

BCLP on

Retailer groups, including the National Retail Foundation, the U.S. Chamber of Commerce, and the Restaurant Law Center, are part of a coalition urging the Federal Communications Commission to clarify what constitutes an...more

Davis Wright Tremaine LLP

Feds Take Action on Robocalls With TRACED Act

With the passage of the "Telephone Robocall Abuse Criminal Enforcement and Deterrence Act" (TRACED Act) in late 2019, the federal government took decisive action to thwart the billions of robocalls plaguing Americans....more

Faegre Drinker Biddle & Reath LLP

New Petition Seeking FCC Clarification That Calls Using Soundboard Technology Are Not “Entirely Prerecorded Calls” Prohibited By...

The FCC’s TCPA docket now has two pending petitions for declaratory ruling on the question as to whether outbound telemarketing calls made through soundboard technology are prohibited communications if made without prior...more

Womble Bond Dickinson

FCC Seeks Comment on TCPA’s Classification of Calls Placed Using Soundboard Systems

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On the heels of a February 2019 Public Notice regarding the same issue, the Federal Communications Commission’s (“FCC” or Commission”) Consumer and Governmental Affairs Bureau is once again seeking comment on the TCPA’s...more

Mintz

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

Mintz on

FCC Seeks Comment on Petition Requesting Clarification - On March 7, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice seeking comment on a Petition for Expedited Clarification or Declaratory...more

Womble Bond Dickinson

Deadline to Submit Comments Regarding Proposed “Truth in Caller ID” Rule Modifications Set

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As discussed in our recent blog post, in February the FCC released a Notice of Proposed Rulemaking (NPRM) to amend its Truth in Caller ID rules. The NPRM largely tracks recent amendments to the Truth in Caller ID Act enacted...more

Mintz

TCPA Regulatory Update – FCC Seeks Comment on the Meaning of “Telemarketing” and “Dual Purpose” Under the TCPA

Mintz on

Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding....more

Mintz

TCPA Regulatory Update – FCC Seeks Comments on Several TCPA Provisions

Mintz on

Comments are due in a number of important TCPA proceedings in October. In response to a major decision out of the Ninth Circuit last month, which further entrenched a circuit split regarding interpretations of the definition...more

Womble Bond Dickinson

Swinging for the Fences: Consumer-Side TCPA Comments Urge the FCC to Adopt the Ninth Circuit’s Definition of an ATDS and Expand...

Womble Bond Dickinson on

I just finished reading through most of the big consumer-side comments from notable Plaintiff’s lawyers, and consumer protection organizations. News flash: they all agree that the FCC should adopt the Marks interpretation of...more

Womble Bond Dickinson

Boldly Going: Its Crunch Time and Siruis Business as Individual Businesses Stick their Neck out for TCPA Change (TCPAland FCC...

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As promised, here is Volume II following Eric’s Volume I, of our team’s analysis on the supplemental comments on the FCC’s TCPA Public Notice. Crunch San Diego, LLC - No surprises here. Crunch San Diego, LLC was armed...more

Womble Bond Dickinson

Encore Capital Rages Against the TCPA Machine, Noble Corp. Educates, PACE Elucidates in New FCC Comments (TCPAland Comment Review...

Womble Bond Dickinson on

Well yesterday was the deadline for supplemental comments on the FCC’s big TCPA Public Notice. So today I begin the process of reading and digesting these things and reporting to all of you - I have just reviewed these in...more

Burr & Forman

FCC Seeks Comment on ATDS Under the TCPA After Marks v. Crunch San Diego

Burr & Forman on

On October 3, 2018, the FCC issued a Public Notice to seek comment on what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) in the wake of the Ninth Circuit’s Marks...more

Winthrop & Weinstine, P.A.

FCC Seeks Public Comment On TCPA’s Autodialer Definition After Ninth Circuit Decision

On October 3, the Federal Communications Commission (FCC) released a Public Notice seeking comment on the meaning of an “automatic telephone dialing system” or “autodialer” under the Telephone Consumer Protection Act (TCPA)....more

Womble Bond Dickinson

Consumer-Side TCPA Comments Reviewed: CFPB Respectful, Consumer Action Aggressive, Cunningham and Moskowitz Taciturn in their...

Womble Bond Dickinson on

With the FCC’s comment deadline now behind us–it was June 13, 2018–we here at TCPAland have begun the process of reviewing the comments submitted to the FCC to share whatever nuggets of wisdom we can glean. The review...more

Sheppard Mullin Richter & Hampton LLP

Once Bitten, Twice Shy: FCC Revisits Its Telemarketing Regulations In Light Of The DC Circuit’s Decision Striking Down Core...

On March 16, 2018, the United States Court of Appeals for the District of Columbia Circuit issued its long awaited decision in ACA International v. FCC, in which a group of petitioners across a spectrum of industries sought...more

Womble Bond Dickinson

TCPALand After Dark: FCC Seeks Comment on Two Obscure TCPA Petitions that Could Change Everything

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The FCC is up to something. As we’ve now thoroughly reported, the FCC is seeking public comment on the scope and architecture of the TCPA following the ACA Int’l petition. Those who listen to our podcast know that the...more

Womble Bond Dickinson

*7 Wars: FCC Considers Key Punch Revocation in Effort to Stop Robocalls

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As we reported here recently, the FCC is seeking public comment on a number of key issues impacting the scope of the Telephone Consumer Protection Act (“TCPA”). One issue of profound significance to be addressed by the FCC,...more

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