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
TCPA
Petition for certiorari filed in Ninth Circuit TCPA case accepting broad definition of ATDS
By Stefanie Jackman & Joel E. Tasca on
The defendant in Marks v. Crunch San Diego has filed a petition for certiorari with the U.S. Supreme Court seeking review of the Ninth Circuit’s September 2018 decision interpreting the TCPA’s automatic telephone dialing system (ATDS) definition.
In Marks, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an ATDS includes…
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…
FCC Chairman Proposes Reassigned Number Database
By Jacob N. Westlund 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…
This week’s podcast: Telephone Consumer Protection Act Developments
By Barbara S. Mishkin on
Posted in Regulatory and Enforcement, TCPA
Compliance with the Telephone Consumer Protection Act continues to present challenges to the financial services industry as a result of uncertain legal standards and contradictory court decisions. In this week’s podcast, we discuss the key recent court decisions dealing with the TCPA’s autodialer definition and what the FCC is doing to provide further guidance to …
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…
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…
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.” In its…
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…