We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s proposal to close the caller ID authentication gap on non-IP networks. The FCC’s new Notice of Proposed Rulemaking (NPRM) outlines criteria for evaluating whether non-IP authentication standards are “developed,” “reasonably available,” and “effective,” and tentatively identifies two standards that meet these criteria. The FCC proposes ending the implementation extension for providers using non-IP technology, requiring adoption of an approved standard and certification in the Robocall Mitigation Database. A two-year compliance deadline is proposed. Comments are due 30 to 60 days after the Federal Register publication.
In our Litigation Update, we explore two recent TCPA decisions. The Eleventh Circuit denied a motion to intervene in the Insurance Marketing Coalition v. FCC case, finding it untimely under the Rule 15(d) and effectively ending the challenge to the FCC’s one-to-one consent rule. In a separate case, the Tenth Circuit affirmed that robocalls made by the City of Albuquerque during the COVID-19 pandemic qualified for the TCPA’s emergency purposes exception, emphasizing their informational nature and connection to public health efforts.
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