News & Analysis as of

Telephone Consumer Protection Act Public Comment

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Womble Bond Dickinson on

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

Womble Bond Dickinson on

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

Womble Bond Dickinson on

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...

Womble Bond Dickinson on

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

Womble Bond Dickinson on

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

Womble Bond Dickinson on

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

Brownstein Hyatt Farber Schreck

FCC Seeks to Address Critical TCPA Issues after D.C. Circuit Loss

The Federal Communications Commission (“FCC”) is reconsidering its approach to key Telephone Consumer Protection Act (“TCPA”) issues following the D.C. Circuit overturning portions of the 2015 Omnibus TCPA Order. Although...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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