Tag Archives: autodialers

FCC Adopts TCPA Changes that Include (Very Limited) Safe Harbor

On December 12, the Federal Communications Commission (“FCC” or “Commission”) adopted an order that creates a reassigned number database to help callers avoid Telephone Consumer Protection Act (“TCPA”) violations that can occur when telephone numbers get reassigned to new users. We covered some of the details in a previous CommLawBlog post when the FCC pre-released … Continue Reading

Legitimate Robocallers Rejoice: TCPA Compliance is About to Get (Slightly) Easier

Believe it or not, there are companies that make legitimate “robocalls,” and those companies strive to comply with the Telephone Consumer Protection Act (TCPA). If you’ve received an appointment reminder from your doctor or dentist, a package delivery notification, or a school closure notification lately those messages were likely delivered to your phone using an … Continue Reading

Let’s Try This Again – FCC Seeks Comments on TCPA/Robocall Issues Remanded By D.C. Circuit.

Like telemarketing “robocalls” that never seem to go away, the FCC’s attempts to clarify important and difficult statutory and regulatory issues under the Telephone Consumer Protection Act (TCPA) seem to constantly reoccur. Now the FCC is trying again, with a Public Notice seeking comments on: the definition of an “automatic telephone dialing system” (ATDS), how … Continue Reading

Wrong Number! D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part IV: What’s Next – New FCC Rulemakings and Impact on Litigation

Robocalls – everyone has strong feelings about them. In many cases they serve a useful function, but they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a Declaratory Ruling and Order intended to broaden the number of calls subject … Continue Reading

Wrong Number!  D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part III: The Problem of Reassigned Phone Numbers

Robocalls – everyone has strong feelings about them. In many cases robocalls, or automated calls and text messages, serve a useful function (and not just for telemarketing). But unfortunately, they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a … Continue Reading

Wrong Number! D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part II: Revocation of Consumer Consent

Robocalls – everyone has strong feelings about them. In many cases robocalls, or automated calls and text messages, serve a useful function (and not just for telemarketing). But unfortunately, they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a … Continue Reading

Wrong Number! D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part I: The Debate Over Defining ‘Autodialer’

Robocalls – everyone has strong feelings about them. In many cases robocalls, or automated calls and text messages, serve a useful function (and not just for telemarketing). But unfortunately, they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a … Continue Reading

FCC Clarifies (?) TCPA Autodialing Requirements

Take-home message: Do as we say, NOT as we do! Pursuant to “clarifications” provided in a recent FCC Declaratory Ruling on the Telephone Consumer Protection Act (TCPA), the FCC and FTC are both in violation of the TCPA’s prohibition against making autodialed calls to a consumer’s wireless phone without prior express consent. Whose phone? You … Continue Reading
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