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Monthly TCPA Digest – May 2019

May 13, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Matthew Novian, Elana R. Safner

This TCPA Digest covers congressional bills to combat illegal robocalls, TCPA matters at the FCC, and a 4th Circuit ruling that voided the TCPA's federal debt-collection exemption.
Viewpoint General

Fourth Circuit Strikes Down Federal Debt-Collection Exemption to the TCPA

April 29, 2019 | Alert | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Read about the Fourth Circuit’s American Association of Political Consultants decision, which struck down the federal debt collection exemption to the TCPA.
Viewpoint General

TCPA Regulatory Update: FCC on NPRMs and Petitions; the 2020 Census

April 17, 2019 | Article | By Russell Fox, Elana R. Safner

The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any TCPA items at the Commission’s April open meeting.
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TCPA Legislative Update: Robocalls Continue to be a Focus in Congress

April 17, 2019 | Article | By Alexander Hecht, Jennifer Lynn Kelly

Following last month’s letter from the attorney generals of all 50 states, Congress has continued to push forward on robocall legislation. On April 3, the Senate Commerce Committee held a markup, which featured the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.
Viewpoint General

Monthly TCPA Digest – April 2019

April 17, 2019 | Article | By Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Elana R. Safner

This TCPA Digest covers comments on FCC proposals to modify the Truth in Caller ID rules, how the TCPA could impact the 2020 Census, and congressional hearings and legislation about robocalls.
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TCPA Legislative Update: TRACED and HANGUP Acts Target Robocalls

March 20, 2019 | Article | By Alexander Hecht, Jennifer Lynn Kelly

TCPA Legislative Update: TRACED and HANGUP Acts Target Robocalls
Viewpoint General

Monthly TCPA Digest – March 2019

March 20, 2019 | Article | By Alexander Hecht, Jennifer Lynn Kelly, Joshua Briones, Anne-Marie Dao, Russell Fox, Radhika Bhat, Elana R. Safner

This month we consider who qualifies as a “sender” under the Junk Faxes Rule, provide an update on the HANGUP and TRACED bills, and review a Whole Foods case that asks whether the Bristol-Meyers ruling applies to class actions.
Viewpoint General
TCPA Class Action Update: Whole Foods Seeks Guidance from the US Court of Appeals for the DC Circuit: Does Bristol-Myers Apply to Class Actions?
Viewpoint General

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

March 20, 2019 | Article | By Russell Fox, Radhika Bhat, Elana Safner

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?
Do you manufacture, import, or market personal hygiene and wellness devices sold in drugstores? If so, you may be focused on U.S. Food and Drug Administration (FDA) compliance, but may not have considered the requirements of another Federal regulatory agency: the Federal Communications Commission (FCC). Manufacturing, importing, and/or marketing non-compliant personal hygiene, wellness and similar devices may violate the FCC’s rules.
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FAA Announces New UAS (Drone) Marking Rule

February 14, 2019 | Alert | By Laura Stefani, Jonathan R. Markman

This article covers an immediate FAA rule change requiring markings for small Unmanned Aircraft Systems (UAS, commonly known as drones). Beginning February 25, 2019, every UAS must have its registration number displayed and visible on the external surface of the aircraft.
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FAA Announces Draft Proposals for the UAS (Drone) Industry

January 17, 2019 | Alert | By Laura Stefani, Jonathan R. Markman

Read about two FAA draft proposals concerning the commercial operations of small Unmanned Aircraft Systems, or drones, and how they could impact the industry and how drones are used.
Viewpoint General

Congress Directs the FAA to Modify Drone Rules

October 8, 2018 | Alert | By Laura Stefani, Jonathan R. Markman

This alert provides a list of 10 important new directives to the FAA that should soon allow drones to be used for a broader array of commercial operations, including package deliveries, and hasten the integration of UAS into national airspace.

TCPA Regulatory Update: FCC Evaluates Comments Received in Several TCPA Proceedings

July 18, 2018 | Article | By Russell Fox, Radhika Bhat, Elana Safner

The Federal Communications Commission (“FCC” or “Commission”) is busy evaluating scores of comments and reply comments it received in several ongoing TCPA proceedings in the past month.
After the U.S. Court of Appeals for the District of Columbia released its highly anticipated decision in ACA International v. Federal Communications Commission, courts have been addressing issues raised in that case. We previously summarized the opinion — which raises four issues, one of which is what constitutes an Automatic Telephone Dialing System (“ATDS”).

TCPA Regulatory Update: FCC Reevaluates TCPA Rulings and Seeks Comment on Several Petitions

June 11, 2018 | Article | By Russell Fox, Radhika Bhat, Elana Safner

The Federal Communications Commission (“FCC”) is reconsidering several issues central to TCPA liability, including what equipment constitutes an automatic telephone dialing system ((“ATDS”) and who the “called party” is when a wireless number has been reassigned.

TCPA Regulatory Update: FCC Levies Historic Fine against Robocaller for Malicious Spoofing

June 11, 2018 | Article | By Russell Fox, Radhika Bhat, Elana Safner

The Federal Communications Commission (“FCC”) is reconsidering several issues central to TCPA liability, including what equipment constitutes an automatic telephone dialing system ((“ATDS”) and who the “called party” is when a wireless number has been reassigned.
Our previous post discussed the decision in Marshall v. CBE Group, Inc., which completely rejected the FCC’s broad interpretation of an ATDS and found in favor of the defendant. Since then, another district court in the Ninth Circuit has followed suit, but three others in the Eleventh Circuit have concluded that the FCC’s 2003 Order survives ACA Int’l. It could behoove some TCPA defendants to seek stays while this circuit split is sorted out or until after the FCC clarifies its position on the ATDS issue following ACA Int’l.

TCPA Regulatory Update: Second FNPRM Comment Deadline Set

May 14, 2018 | Article | By Russell Fox, Elana Safner

Comments on the FCC’s Second Further Notice of Proposed Rulemaking (FNPRM) are due on June 7, and replies are due by July 9. The second FNPRM was adopted at the March Commission Meeting and seeks input on the adoption of a reassigned numbers database that businesses could check to avoid making unwanted calls to a new subscriber whose number was previously assigned to a consumer who had consented to receiving their calls.

TCPA Regulatory Update: Notable Filings

May 14, 2018 | Article | By Russell Fox, Elana Safner

On May 3, the Peer-to-Peer Alliance (P2P Alliance) filed a Petition for Clarification asking the FCC to clarify that P2P text messages to mobile numbers are not subject to TCPA restrictions. It explained that P2P messaging is often used by universities, nonprofits, businesses, and political organizations to communicate with individuals with whom they already have a relationship.
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