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 discuss the FCC’s increased collaboration with states to combat robocalling. These efforts include the FCC’s new robocalling investigatory partnerships with four states and agreements between the Commission’s Enforcement Bureau and the state attorneys general of Colorado and Vermont. We also report on the Enforcement Bureau’s proposed record fine of $45 million, which would be issued against a Florida-based company for allegedly making telemarketing robocalls without proper consent.
In our Litigation Update, we cover the District of Maryland’s dismissal of a TCPA case concerning a fax about a free webinar. In Family Health Physical Medicine v. Pulse8, the court rejected the plaintiff’s claims because the fax did not contain an offer to buy or sell anything. The court also concluded that a 2006 FCC Order, which held that facsimile messages promoting goods or services at no cost are unsolicited advertisements under the definition of the TCPA, lacked any statute-based reasoning and was not entitled to deference.
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
Part II – TCPA Litigation Update