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Telephone and Texting Compliance News — February 2024

March 1, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales

Read about the FCC’s confirmation that the TCPA bars AI-generated voices, rules strengthening texting consent revocation rightsza, and the removal of 13 entities from the robocall mitigation database, plus the Fourth Circuit’s decision in Career Counseling, Inc. v. AmeriFactors Fin. Grp., LLC, which upheld the denial of class certification in a TCPA case.

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Read about the FCC’s confirmation that the TCPA bars AI-generated voices, rules strengthening texting consent revocation rights, and the removal of 13 entities from the robocall mitigation database.

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What's New in Wireless - February 2024

February 5, 2024 | Blog | By Angela Kung, Christen B'anca Glenn

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Read about recent federal and state court decisions helpful for defendants facing class actions brought under the Florida Telephone Solicitation Act and the Supreme Court’s denial of a petition for writ of certiorari in a case about what qualifies as an ATDS under the TCPA.

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Telephone and Texting Compliance News — January 2024

February 2, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales

Read about FCC proposals involving consumer consent and the use of AI-generated voices, the FCC Enforcement Bureau’s steps toward removing voice service provider BPO Innovate from the Robocall Mitigation Database, compliance deadlines for new RMD filing obligations, deadlines associated with proposed robotexting rules, and legislation intended to provide consumers more protection against robocalls.

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What's New in Wireless - January 2024

January 2, 2024 | Blog | By Angela Kung, T. Scott Thompson, Christen B'anca Glenn, Anthony Patrone

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the recent events occurring at the 2023 World Radiocommunication Conference.

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Telephone and Texting Compliance News — December 2023

December 27, 2023 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales

In this month’s Telephone and Texting Compliance News, we report on updates made by the FCC’s Report and Order on robotexting and the importance of reviewing and challenging class definitions as a TCPA defendant.

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What’s New in Wireless - December 2023

December 6, 2023 | Blog | By Angela Kung, Christen B'anca Glenn

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the National Telecommunications and Information Administration’s release of its long-awaited National Spectrum Strategy.

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Read about a hearing titled “Protecting Americans from Robocalls” held by the US Senate Science, Commerce, and Transportation Committee’s Subcommittee on Communications, Media, and Broadband, the Deter Obnoxious, Nefarious and Outrageous Telephone (“DO NOT”) Call Act reintroduced in the Senate, and the FCC’s new inquiry into the impact of artificial intelligence (AI) on robocalling.

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Telephone and Texting Compliance News — November 2023

November 30, 2023 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales

In this month’s Telephone and Texting Compliance News, we report on an FCC Draft Report and Order, which, if adopted, would potentially require “one-to-one consent,” a recent US Senate hearing titled “Protecting Americans from Robocalls,” the Deter Obnoxious, Nefarious and Outrageous Telephone (“DO NOT”) Call Act reintroduced in the Senate, the FCC’s new inquiry into the impact of artificial intelligence on robocalling, the Ninth Circuit’s decision in True Health Chiropractic, Inc. v. McKesson Corp. approving decertification of a TCPA class action involving a fax, and the Arizona federal court’s holding in Howard v. Republican Nat’l Comm.

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Read about the Ninth Circuit’s decision in True Health Chiropractic, Inc. v. McKesson Corp., in which the court affirmed decertification of a TCPA class action involving a fax based on the FCC’s 2019 declaratory ruling in Amerifactors, while the Arizona federal court concluded in Howard v. Republican Nat’l Comm. that a text message with a link to a video does not necessarily qualify as a call using an artificial or prerecorded voice.

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Read about an FCC Draft Report and Order, which, if adopted, would potentially require “one-to-one consent from consumers for robotexts and robocalls, disrupting industry practices.

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What’s New in Wireless - November 2023

November 1, 2023 | Blog | By Angela Kung, Christen B'anca Glenn

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the FCC’s increased activities on the transition of the C-band, which was reallocated so that it may be made available for commercial wireless services.  

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The FCC adopted rules adding new obligations for interconnected Voice over Internet Protocol service providers that obtain numbers for their customers directly from a numbering administrator and is seeking comment on additional proposals involving direct access.

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The Federal Communications Commission (“FCC”) released a draft Notice of Inquiry (“NOI”) on October 25, 2023 that would, if adopted, seek information about the impact of artificial intelligence (“AI”) on the FCC’s efforts to protect consumers from unwanted and unlawful calls and text messages under the Telephone Consumer Protection Act (“TCPA”). 

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Telephone and Texting Compliance: Commission Takes Another Step to Shut Down Repeat Violator

October 31, 2023 | Article | By Russell Fox, Jonathan P. Garvin

The FCC Enforcement Bureau released an Initial Determination Order against One Owl Telecom, giving the company 14 days to respond to a finding of noncompliance with a notice requiring the company to stop illegal traffic. If One Owl failed to respond or to demonstrate compliance by the deadline, the Bureau will issue an order requiring all downstream providers to block all One Owl traffic within 30 days.

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Telephone and Texting Compliance News — October 2023

October 31, 2023 | Article | By Russell Fox, Jonathan P. Garvin

In this month’s Telephone and Texting Compliance News, we report on the FCC’s adoption of rules adding new obligations for interconnected Voice over Internet Protocol service providers that obtain numbers for their customers directly from a numbering administrator and several Enforcement Bureau actions, including an Initial Determination Order against One Owl Telecom, 20 Orders to initiate the removal of noncompliant voice service and gateway providers from the Robocall Mitigation Database, and an order reinstating Global UC Inc.’s certification in the RMD.

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