Monthly TCPA Digest — February 2022
We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we cover a proposed Declaratory Ruling circulated by FCC Chairwoman Rosenworcel that would require callers to obtain consent from consumers before delivering “ringless voicemail” messages directly to their voicemail mailboxes. We also discuss the FCC Enforcement Bureau’s cease-and-desist letters to Great Choice Telecom and TCA Voip, resulting from their alleged transmission of illegal robocalls.
In our Litigation Update, we look at what constitutes a “voice” post-Facebook. While some plaintiffs have argued that a text message can be considered a “voice” under TCPA and may thus constitute a TCPA violation, a district judge in the Central District of California recently concluded that the argument defies common sense.
If you have suggestions for topics you’d like us to feature in this newsletter, or any questions about the content in this issue, please feel free to reach out to an attorney on Mintz’s TCPA and Consumer Calling Practice team.
In This Edition
Part I – TCPA Regulatory Update
Chairwoman Rosenworcel Circulates Declaratory Ruling on Ringless Voicemails
FCC Enforcement Bureau Sends More Cease-And-Desist Letters
Part II – TCPA Litigation Update
What Is a “Voice” Post-Facebook?