News & Analysis as of

Safe Harbors Telephone Consumer Protection Act

Pillsbury Winthrop Shaw Pittman LLP

Florida Legislature Reins in Florida Telephone Solicitation Act

The proposed amendment significantly tightens the conduct that constitutes a violation of the Florida Telephone Solicitation Act (FTSA). The amendment narrows the definition of “autodialer,” limits violations to...more

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

Faegre Drinker Biddle & Reath LLP

Texas District Court Rejects “Influence Liability” Workaround to FCC Exemption for Research and Surveys

A recent decision from the U.S. District Court for the Northern District of Texas reaffirms the FCC’s interpretation that calls and text messages regarding consumer surveys and other market research do not qualify as...more

Faegre Drinker Biddle & Reath LLP

Spring Roster of FCC Actions: State-Federal Partnerships, Enforcement Actions, and Reassigned Numbers Database Clarifications and...

The FCC’s TCPA dockets did not witness many developments from the beginning of 2022 until February. However, beginning in February and into March, Chairwoman Rosenworcel’s office and the Enforcement Bureau were busy...more

Eversheds Sutherland (US) LLP

Seeking shelter from the (TCPA) storm: statutory safe harbor provides protection

A statutory “safe harbor” within the Telephone Consumer Protection Act (TCPA) may have become a bit safer after a federal court reinforced what defendants must do to secure statutory protection from high-dollar TCPA lawsuits....more

Holland & Knight LLP

Western District of Washington Ruling Breathes Life into TCPA Safe Harbor Provision

Holland & Knight LLP on

In a decision highlighting the importance of maintaining procedures for complying with the do-not-call (DNC) provisions of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Western District of...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

Faegre Drinker Biddle & Reath LLP

“The Number You Have Dialed Has Changed Subscriber” or the Advent of the Reassigned Numbers Database

After years of discussion and planning, the FCC’s Reassigned Numbers Database opened for commercial use on November 1, 2021. Now business callers can register for a paid subscription with the FCC’s designated Administrator,...more

Cozen O'Connor

FCC Announces the Launch of Reassigned Number Database (and Accompanying Safe Harbor)

Cozen O'Connor on

On November 1, 2021, the Federal Communications Commission (FCC) announced the launch of the Reassigned Numbers Database (RND). This centralized database is an important development for businesses across industries that are...more

Hudson Cook, LLP

The FCC's Reassigned Number Database Nears Its Debut

Hudson Cook, LLP on

The Telephone Consumer Protection Act creates a seemingly endless list of compliance challenges and other headaches for companies determined to mitigate the financial cost and resource burden of TCPA litigation. This year...more

Womble Bond Dickinson

Alert: New TCPA Risk Avoidance Tool

Womble Bond Dickinson on

It was back in December 2018, before the pandemic temporarily shuttered stores and forced the whole world to “go remote,” that the FCC voted to create a national reassigned number database (RND) to help companies that send...more

Buchalter

Buchalter TCPA Digest: The FCC Reassigned Number Database Is About to Go Live. Are You Ready?

Buchalter on

Calls to reassigned numbers have presented an endless source of legal risk for any company that calls or texts consumers for informational or marketing purposes. Reassigned number class actions brought under the Telephone...more

Faegre Drinker Biddle & Reath LLP

New Year, New Rules: FCC Modifies Existing TCPA Exemptions, Adopts New “Call Blocking” Requirements, and Clarifies TCPA...

Some welcome the New Year with new goals and new plans while others – the FCC, in particular, welcomes the New Year by wrapping up TCPA rulemakings and issuing other rulings. As expected, a number of TRACED Act items were...more

Womble Bond Dickinson

FCC Selects SomosGov as Next Telephone Number Administrator and Reassigned Numbers Database Administrator

Womble Bond Dickinson on

The FCC continues to slowly, but surely, make progress towards launching the Reassigned Number Database that it first proposed in June 2017 and then ultimately voted to create in December 2018.  On December 1, 2020, the...more

Morrison & Foerster LLP

Financial Services Report – Fall 2020

Morrison & Foerster LLP on

We join the nation in mourning the passing of Supreme Court Justice Ruth Bader Ginsburg. Over her 20-year career before appointment to the D.C. circuit court, Justice Ginsburg fought for equal rights in the workplace, among...more

Faegre Drinker Biddle & Reath LLP

The FCC Clarifies that Certain Communications to COVID-19 Patients Fall with TCPA’s “Emergency Purposes” Safe Harbor

In a Public Notice issued July 28, 2020, the FCC confirmed that the TCPA’s safe harbor for calls or text messages made for “emergency purposes” applies to calls and text messages made by or on behalf of health care entities...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

Womble Bond Dickinson

FCC Adopts New Rules with Safe Harbors for Blocking Robocalls

Womble Bond Dickinson on

Continuing with its efforts against illegal robocalling, the Federal Communications Commission (FCC) adopted rules to further encourage phone companies to block illegal and unwanted robocalls before they reach consumers. ...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

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

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

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

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

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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

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