FCC Imposes New Requirements on Nonmarketing Prerecorded Calls to Residential Lines
Covington & Burling LLP » TCPA
by Yaron Dori
1y ago
On December 30, 2020, the Federal Communications Commission (“FCC”) released a Report and Order (“Order”) that imposed certain new restrictions on nonmarketing prerecorded calls to residential lines.  The action was in response to Congress’s mandate in the TRACED Act that the FCC reevaluate certain exemptions the agency previously granted regarding the consent requirements for prerecorded calls under the Telephone Consumer Protection Act (“TCPA”). The FCC recognized that its rule changes may present implementation challenges for some, so it delayed the effective date of its new rules for ..read more
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Courts Find TCPA Unenforceable for Acts Prior to July 2020
Covington & Burling LLP » TCPA
by Inside Privacy
1y ago
Last week, an Ohio district court found that violations of the Telephone Consumer Protection Act (“TCPA”) occurring between 2015 and July 2020 cannot be enforced because the law was unconstitutional at the time.  The case is captioned Lindenbaum v. Realgy, LLC, No. 19-CV-02862 (N.D. Ohio), and the opinion builds on an earlier decision from a Louisiana district court that reached a similar conclusion in Creasy v. Charter Communications Inc., No. 20-CV-01199 (E.D. La.). As we have discussed before, Congress amended the TCPA in 2015 to exempt from certain of the law’s consent requiremen ..read more
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FCC Reevaluating Certain TCPA Compliance Exemptions
Covington & Burling LLP » TCPA
by Inside Privacy
1y ago
Last week, the Federal Communications Commission (FCC) issued a notice of proposed rulemaking (NPRM) seeking comment on a proposal to review and potentially revise a number of existing exemptions that the FCC has adopted with respect to certain Telephone Consumer Protection Act (TCPA) requirements.  The FCC’s review could end up narrowing or eliminating some of these longstanding exemptions, imposing consent requirements or other obligations that today are not required for certain kinds of calls and texts. As background, the TCPA prohibits the transmission of certain kinds of calls or tex ..read more
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Supreme Court Invalidates TCPA Government-Debt Exception
Covington & Burling LLP » TCPA
by Inside Privacy
1y ago
Today, the Supreme Court issued its decision in Barr v. American Association of Political Consultants, which addressed the constitutionality of the Telephone Consumer Protection Act (TCPA).  Although the Court splintered in its reasoning—producing four separate opinions—the justices nevertheless coalesced around two core conclusions: (1) the TCPA’s exception for government debt collection calls is unconstitutional, and (2) the exception can be severed from the rest of the TCPA.  Six justices determined that the TCPA’s government-debt exception violates the First Amendment ..read more
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FCC Issues Two TCPA Declaratory Rulings, One Clarifying Autodialer Definition
Covington & Burling LLP » TCPA
by Inside Privacy
1y ago
Earlier this week, the Federal Communications Commission’s (FCC’s) Consumer and Government Affairs Bureau released a Declaratory Ruling clarifying the agency’s interpretation of the “Automatic Telephone Dialing System” (an “autodialer” or “ATDS”) definition in the Telephone Consumer Protection (TCPA).  The Ruling clarified that, in the context of a call or text message platform, the definition does not turn on whether the platform is used by others to transmit a large volume of calls or text messages; instead, the relevant inquiry is whether, in this context, the platform is capable of tr ..read more
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Maryland and Florida Update Their Telemarketing Laws
Covington & Burling LLP » TCPA
by Yaron Dori and Andrew Longhi
1y ago
This blog post reports on two recent state telemarketing law developments that affect, among other things, marketing calls and text message transmissions. Maryland Enacts New Law.  Earlier this month, on May 3rd, Maryland Governor Wes Moore signed into law the Stop the Spam Calls Act of 2023, which will take effect on January 1, 2024.  As we previewed here, the new law is notable because it will impose the same proscriptive consent requirements on automated marketing calls and text messages that currently exist in Oklahoma. Florida Scales Back its Law.  On May 25t ..read more
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Washington Enacts Update to State Telemarketing Law
Covington & Burling LLP » TCPA
by Yaron Dori and Andrew Longhi
1y ago
On April 20, Governor Jay Inslee signed into law the Robocall Scam Protection Act, which will take effect on July 23, 2023. As we discuss here, the bill makes a number of updates to the state’s telemarketing law.  Notably, the bill prohibits commercial solicitations using an “automatic dialing and announcing device.”  It also prohibits “assisting in the transmission” of commercial solicitations made with such devices.  The law provides a private right of action to seek injunctive relief and recover damages for each violation of the “assist in the transmission” prohibition ..read more
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Supreme Court Narrows Meaning of TCPA Autodialer Definition
Covington & Burling LLP » TCPA
by Inside Privacy
1y ago
Today, the Supreme Court issued its decision in Facebook v. Duguid, adopting a narrow interpretation of a key definitional term in the Telephone Consumer Protection Act (TCPA) and resolving the circuit split we previously described here and here. In effect, the Supreme Court’s opinion means that to qualify as an “automatic telephone dialing system” (ATDS) under the TCPA, a device must use a random or sequential number generator; a device that calls a prescribed set of telephone numbers without using such a number generator would stand outside that definition and t ..read more
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