News & Analysis as of

Safe Harbors ATDS

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”

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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

NY’s Nuisance Call Act goes into effect; NY state of emergency prompts further marketing call restrictions

New York’s Nuisance Call Act (NYNC Act), signed into law in December 2019 and effective as of March 1, 2020, amends New York’s telemarketing law (specifically, N.Y. Gen. Bus. Law § 399-z) by requiring live voice outbound...more

Eversheds Sutherland (US) LLP

Redial: 2019 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...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

Video Countdown: Top Ten 2018 TCPA News Stories

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The world of the TCPA is marked by constant flux and 2018 proved to be a particularly fluctuating year as the TCPA yo-yo'ed between positive court decisions, alarming legal enforcement against violators of the TCPA, and...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

Goodwin

FCC Establishes Reassigned Number Database and TCPA Safe Harbor

Goodwin on

On December 13, 2018, the Federal Communications Commission (FCC) released a Second Report and Order addressing issues with reassigned phone numbers and potential Telephone Consumer Protection Act (TCPA) liability, and...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

Akin Gump Strauss Hauer & Feld LLP

FCC Approves Order Addressing Reassigned Number Database and Accompanying Safe Harbor

• Companies across industries have been facing TCPA litigation based upon calls and text messages to reassigned telephone numbers. • On December 12, 2018, the FCC—with the support of many parties and industry groups—voted...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...

Womble Bond Dickinson on

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

Manatt, Phelps & Phillips, LLP

Senators Push FCC for TCPA Protections

In a letter to Federal Communications Commission (FCC) Chair Ajit Pai, a group of 14 senators urged the agency to adopt “important consumer safeguards” in the wake of the ACA International v. FCC decision....more

Womble Bond Dickinson

Counter-Punch: GOP Senators Submit Their Own TCPA Letter to FCC Urging Restraint

Womble Bond Dickinson on

As I reported a few weeks back, a block of 14 Democratic Senators recently wrote to FCC Chairman Pai and urged him to maintain the Commission’s broad reading of, inter alia, the TCPA’s ATDS definition. Not to be outdone,...more

Burr & Forman

Legislation Proposed in House and Senate Addressing the Definition of “Robocalls,” Revocation and Re-Assigned Numbers

Burr & Forman on

Both the House and Senate have proposed legislation that could have profound implications on TCPA litigation. The companion legislation introduced by Democratic Congressman Frank Pallone, Jr. and Senator Ed Markey entitled...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

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

Womble Bond Dickinson on

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

Smith Debnam Narron Drake Saintsing & Myers,...

Consumer Financial Services Spring 2018 Update

District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA - The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection...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

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