On April 18, 2018, a group of fifteen Democratic senators addressed a letter to FCC Chairman Pai related to the D.C. Circuit’s recent decision in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018). The letter notes that the ACA decision “struck down portions of a 2015 Federal Communications Commission (FCC) Omnibus Declaratory Ruling and Order limiting the definition of automatic telephone dialing systems (auto dialers), which are technologies that can be used to rapidly call and text large groups of consumers,” and expresses concern that “[w]hile the Court maintained the right to revoke consent, the Court’s ruling could be interpreted to suggest that callers could limit consumers’ method to revoke consent to receive robocalls and robotexts through provisions buried in contracts or service agreements,” which would “upend the meaning and the goals of the TCPA.” The senators ask Chairman Pai and the FCC to take the following actions: Continue reading “Senators Urge FCC to Act in the Face of ACA Int’l”
Category - "Robocalling"
FCC and FTC to Co-Host Technology Expo Aimed at Combatting Illegal Robocalls
As we previously reported, the Federal Communications Commission and the Federal Trade Commission recently issued a joint announcement regarding two events “aimed at furthering the fight against illegal robocalls and caller ID spoofing.” The first event was a joint policy forum that was held on March 23, 2018. The second event, which will be held on April 23, 2018, is an expo that will “showcase technologies, devices, and applications to minimize or eliminate the illegal robocalls consumers receive.”
The free and public expo will feature brief remarks from FCC Chairman Ajit Pai and acting FTC Chairman Maureen K. Ohlhausen, as well as demonstrations from the following companies:
- AT&T
- Call Control
- Comcast Corporation
- Digitone Communications
- First Orion Corp.
- Hiya
- Neustar Communications
- Nomorobo
- Reverd LLC
- Scammer Jammer
- South Coast Telecom Inc.
- T-Mobile
- TNS
- Verizon
- VTech Communications, Inc.
- YouMail
Additional information on the Stop Illegal Robocalls Expo is available here.
FCC and FTC Announce Two Upcoming Joint Events Aimed at Combatting Illegal Robocalls
On March 7, 2018, the Federal Communications Commission and the Federal Trade Commission issued a joint announcement regarding two upcoming events “aimed at furthering the fight against illegal robocalls and caller ID spoofing.” The announcement states that the events will “highlight cooperative efforts by the two agencies to combat illegal calls and promote innovative solutions to protect consumers.” The first event is a policy forum the two agencies will be co-hosting on March 23, 2018. The agencies intend to discuss “the regulatory challenges posed by illegal robocalls and what the FCC and FTC are doing to both protect consumers and encourage the development of private-sector solutions” at the forum. Additional information on the forum is available here. The second event is an expo the two agencies will be co-hosting on April 23, 2018. The Stop Illegal Robocalls Expo will showcase “technologies, devices, and applications to minimize or eliminate the illegal robocalls consumers receive.” Additional information on the expo, including how to participate in the expo, is available here.
FTC Issues Biennial Report on the National Do-Not-Call Registry
On December 22, 2017, the FTC issued its Biennial Report to Congress on the National Do-Not-Call Registry, which lists the telephone numbers at which individuals have requested that they not be called by telemarketers. The report provides an overview of the Registry’s operations for 2016 and 2017 and guidance for continued compliance with the Registry in 2018 and beyond. The key takeaways from the Report are discussed below. Continue reading “FTC Issues Biennial Report on the National Do-Not-Call Registry”
FCC Releases Two Notices of Inquiry Addressing Reassigned Numbers and Caller ID Spoofing
The FCC released two notices of inquiry (NOIs) related to TCPA issues last week: one on how to better track reassigned numbers, and another on tightening industry wide techniques to discourage Caller ID spoofing, one category of illegal robocalls. Each NOI seeks public comment.
Reassigned Numbers NOI
On July 13, 2017, the FCC released an NOI addressing the issue of identifying reassigned phone numbers. Specifically, as the FCC notes, in many cases the recipient of a reassigned number may be subject to unwanted calls that the prior holder of the number consented to; and conversely, the previous holder of the reassigned number is no longer receiving those calls for which she gave consent. According to the NOI:
Approximately 35 million telephone numbers are disconnected and aged each year, and according to one source 100,000 numbers are reassigned by wireless carriers every day. Consumers change telephone numbers for a variety of reasons, including switching wireless providers without porting numbers and getting new wireline telephone numbers when they move. Once a consumer drops a number, he or she might not update all parties who have called in the past, including robocallers to which the consumer gave prior express consent. NOI, ¶ 5.
In light of the FCC ruling in July 2015 that clarified a range of potential liabilities for calling reassigned numbers, the issue has resulted in a substantial amount of litigation and liability risk for companies that have received consent to place calls to numbers that have subsequently been reassigned. Further, the FCC notes that, despite the TCPA and FCC rules, complaints about unwanted calls, historically have been one of the FCC’s largest sources of informal complaints.
FCC Holds Webinar On “How to Deal with Robocalls”
Yesterday, the FCC’s Consumer and Governmental Affairs Bureau held an informational webinar titled “How to Deal with Robocalls.” Kristi Thornton (Associate Division Chief, Consumer Policy Division) began by providing background on the TCPA and robocalls, as well as recent FCC actions pertaining to federal debt collection calls and the emergency purposes exception as it relates to calls placed by schools and utility companies. We previously reported on these actions here and here. Continue reading “FCC Holds Webinar On “How to Deal with Robocalls””
FCC to Hold Webinar on How to Deal with Robocalls
On December 14th, from 1:00 p.m. to 2:00 p.m. EST, the FCC’s Consumer and Governmental Affairs Bureau will be hosting a free webinar for consumers entitled “How to Deal with Robocalls.” The purpose of the webinar is to provide information about consumers’ rights, the FCC’s role in addressing the issue of unwanted telemarketing robocalls, and the steps consumers can take to protect themselves from and/or decrease the amount of robocalls they receive. Individuals may participate via WebEx (audio and video) or by conference call. A detailed agenda is scheduled to be released in advance of the webinar. We will report back with observations and statements.
Robocall Blocking “Strike Force” Initiated at FCC Chairman’s Request
For some time the FCC’s Chairman, Tom Wheeler, has been calling on wireless and wireline carriers alike to take more aggressive steps to assist consumers in preventing unwelcome or unsolicited calls and spam messages. The FCC’s July 10, 2015 Declaratory Ruling, for example, contained a discussion focused on resolving the question of whether carriers had a legal obligation to transmit all calls without blocking. In the Matter of Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, 30 FCC Rcd 7961, ¶¶ 152-63 (July 10, 2015). The Declaratory Ruling affirmed that nothing in the Communications Act or FCC rules or orders prohibits carriers from offering or implementing call blocking technologies for those customers who choose to use them. Id. Continue reading “Robocall Blocking “Strike Force” Initiated at FCC Chairman’s Request”
T-Minus 3, 2, 1…
Welcome!
If you are reading this post, chances are you already know a lot about the TCPA. You don’t need to be told that it stands for “Telephone Consumer Protection Act.” Or that it restricts certain telemarketing calls, texts and faxes by a labyrinthine mosaic of statutory provisions and FCC regulations. Or that its ambiguities and statutory damages have made it a hotbed of litigation, particularly class action litigation. Or that the courts are struggling to bring some sense and clarity to the entire regime, while defendants experience an almost hydraulic pressure to settle cases involving even the most innocent, hyper-technical violations. You already know all of that. And, you probably also know that there will be a major development in the law tomorrow, when the FCC’s new telemarketing rules requiring written consent finally take effect. For a summary of the new rules, see our post here.