The FCC’s creation of a database of disconnected phone numbers is expected to significantly reduce the potential TCPA exposure companies face for unknowingly calling a customer at a reassigned phone number. In this week’s podcast, we review the relevant TCPA legal background, explain how the database will operate and the requirements for obtaining a safe harbor from TCPA liability, and discuss proactive steps companies can take in advance of the database launch.… Continue Reading
FCC directs creation of reassigned phone number database
By Joel E. Tasca & Stacy H. Rubin on
The FCC has taken a step toward getting control over the potential TCPA exposure a business faces when it calls one of its customers at a phone number that, unbeknownst to the business, has been reassigned from the customer to someone else.
On December 13, 2018, the FCC released an order directing the creation of a single comprehensive database of disconnected numbers. … Continue Reading
FCC Chairman Proposes Reassigned Number Database
By Ballard CFS Group on
FCC Chairman Ajit Pai proposed the creation of a comprehensive reassigned numbers database, addressing a significant compliance challenge under the TCPA. The TCPA’s prohibitions on the use of automatic telephone dialing systems (ATDS) allows calls to be made with the express consent of the recipient. However, as the Chairman noted in the press release announcing this proposal, millions of phone numbers are reassigned each year.… Continue Reading
FCC seeks comments on TCPA autodialer definition following Ninth Circuit Marks decision
By Joel E. Tasca & Daniel JT McKenna on
The Federal Communications Commission (FCC) has issued a notice asking for comment on what constitutes an automatic telephone dialing system (ATDS) under the TCPA following the Ninth Circuit’s September 20, 2018 decision in Marks v. Crunch San Diego. In May 2018, the FCC issued a notice announcing that it was seeking comments on several TCPA issues following the D.C.… Continue Reading
Senate to hold FCC oversight hearing
By Barbara S. Mishkin on
The Senate Committee on Commerce, Science, and Transportation has scheduled a hearing for tomorrow, August 16, titled “Oversight of the Federal Communications Commission.” The Committee’s website indicates that the hearing will examine policy issues before the FCC and review the FCC’s ongoing duties and activities.
The witnesses scheduled to appear are the four sitting FCC Commissioners (Chairman Pai and Commissioners O’Reilly, Carr, and Rosenworcel). … Continue Reading
Senators encourage FCC creation of database of reassigned telephone numbers
By John L. Culhane, Jr. on
Two U.S. Senators, one a Republican and the other a Democrat, have sent a letter to FCC Chairman Pai to encourage the FCC to proceed with a rulemaking to create a database of reassigned telephone numbers.
The TCPA’s autodialed call prohibition excepts calls made “with the prior express consent of the called party.” … Continue Reading
FCC seeking comments on TCPA issues in light of D. C. Circuit ACA International decision
By Daniel JT McKenna on
The FCC has issued a notice announcing that it is seeking comments on several TCPA issues following the D. C. Circuit’s decision in ACA International v. FCC. Comments are due by June 13, 2018 and reply comments are due by June 28, 2018.
The FCC’s notice follows the filing of a petition by several industry trade groups seeking clarification of the TCPA’s definition of “automatic telephone dialing system” (ATDS) in light of the D.C.… Continue Reading
In Wake of D.C. Circuit’s ACA Decision, Industry Trade Groups Petition FCC for Narrow Interpretation of “Automated Telephone Dialing System” under TCPA
By Joel E. Tasca on
Posted in Federal Agencies, Regulatory and Enforcement
Yesterday, a coalition of numerous trade organizations, including, among others, the U.S. Chamber of Commerce, the American Bankers Association, the Consumer Bankers Association, and the Mortgage Bankers Association, filed a Petition for Declaratory Ruling with the Federal Communications Commission (the “FCC”), seeking clarification of the definition of “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). … Continue Reading
FTC and FCC release tentative agenda for March 23 policy forum on robocalls
By Barbara S. Mishkin on
Posted in Federal Agencies, Regulatory and Enforcement
As we previously reported, on March 23, 2018 in Washington, D.C., the FTC and FCC will co-host a joint policy forum that will cover recent policy changes and enforcement actions as well as the agencies’ efforts to encourage private sector technological solutions. We believe the event will be of interest to clients who launch legitimate account management or marketing campaigns from autodialers as well as those whose names have been misappropriated by fraudulent telemarketers.… Continue Reading
D.C. Circuit TCPA decision gives industry partial victory, but no certainty; Ballard to hold April 3 webinar
By Alan S. Kaplinsky on
Posted in Federal Agencies, Regulatory and Enforcement
The decision last week by the U.S. Court of Appeals for the D.C. Circuit on petitions seeking review of the Federal Communications Commission’s 2015 Declaratory Ruling and Order implementing the Telephone Consumer Protection Act (TCPA) represents a partial victory for the industry.
In the decision, the D.C. Circuit reversed the FCC’s guidance on the definition of an automatic telephone dialing system going back to 2003, leaving only the TCPA’s statutory definition. … Continue Reading