The Federal Communications Commission (“FCC”) has taken several steps in recent years to deter robocalls of all kinds, with some success, but not enough to give us poor ordinary folks the telephone peace and quiet for which we yearn. Last year, Congress passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”), … Continue Reading
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
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
Before Thanksgiving, a bipartisan group of Senators introduced legislation aimed at decreasing the number of unwanted robocalls. The TRACED Act would expand FCC authority under the Telephone Consumer Protection Act (“TCPA”), empower the FCC to mandate call authentication rules for voice service providers to cut down on caller ID spoofing, and create an interagency working … Continue Reading
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
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
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
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
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
Earlier this month, in its war against illegal robocalling campaigns the Federal Communications Commission (FCC) proposed another hefty fine. That is, a fine of 82 million dollars. Yikes! The target of the FCC’s wrath? Mr. Philip Roesel, who wasn’t just calling a la Adele style. Instead, Mr. Roesel is accused of both illegal robocalling in … Continue Reading
Your phone rings. You look down at your phone, which reads “IRS.” You answer. “Hello?” There’s a pause. Then, in an automated tone, you hear this: “This call is to inform you that the IRS is filing a lawsuit against you. To get more information about this case file, please call immediately on our department … Continue Reading
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
When it comes to telemarketing (and especially robocalling), the FCC is loaded for bear and on the hunt - with a $2.9 million trophy already in the bag.… Continue Reading
Increasingly, telephone carriers may find themselves unexpectedly on the wrong end of lawsuits alleging violations of the telemarketing laws. Fortunately, one federal judge has recognized that such suits are off the mark.… Continue Reading
Back in September we wrote about a petition filed by Club Texting, Inc., which appeared to be anticipatorily seeking a Get Out Of FCC Jail Free card for itself and others engaging in "text broadcasting". The FCC has just invited the public to comment on that petition.… Continue Reading
The Commission has issued a public notice which - you should probably be sitting down for this one - denies the accuracy of a rumor circulating on the Internet! But as it turns out, the "rumor" may not be too far from the truth.… Continue Reading