News & Analysis as of

Telephone Consumer Protection Act The United States Federal Communications Commission Safe Harbors

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Hinch Newman LLP

How to Reduce Potential TCPA Liability and FCC Reassigned Numbers Database

Hinch Newman LLP on

The Federal Communications Commission’s Reassigned Numbers Database is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Telemarketers can use 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

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

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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

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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

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”

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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

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

Womble Bond Dickinson on

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

Brownstein Hyatt Farber Schreck

Robocall Legislation Moves Forward

Compromise robocall legislation, called the Pallone-Thune TRACED Act (“Act”), is likely to be enacted soon. The Act enhances the Federal Communications Commission’s (“FCC”) enforcement powers, mandates adoption of the...more

Faegre Drinker Biddle & Reath LLP

TCPA Legislation on the Horizon?

While the FCC has a record open to adopt guidance and a new definition for what it considers as an “automatic telephone dialing system” (ATDS) and related TCPA matters, there appears to be growing consensus on “Robocall”...more

Brownstein Hyatt Farber Schreck

Expanding the Ability of Phone Companies to Block Calls

In its ongoing efforts to tackle the proliferation of illegal or unwanted “robocalls,” the FCC has released a draft order that would authorize all providers of voice services to offer to their customers call blocking as a...more

Womble Bond Dickinson

TRACED Act Unanimously Approved By Senate Commerce Committee

Womble Bond Dickinson on

On April 3, 2019, the Senate Commerce, Science, and Transportation Committee unanimously passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. Recall that the TRACED Act is a piece of...more

Womble Bond Dickinson

Video Countdown: Top Ten 2018 TCPA News Stories

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The world of the TCPA is marked by constant flux and 2018 proved to be a particularly fluctuating year as the TCPA yo-yo'ed between positive court decisions, alarming legal enforcement against violators of the TCPA, and...more

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