FCC

After SCOTUS punted on whether Chevron deference need be given to the FCC’s Fax Rule, so too did the 4th Cir. in Carlton & Harris Chiropractic v. Pdr Network, No. 16-2185, 2020 U.S. App. LEXIS 38073 (4th Cir. Dec. 7, 2020).  First, the Court of Appeals held that the Rule was interpretive and not legislative since the FCC had not… Read More

Today, the FCC issued its 2018 Privacy and Data Security Update, a compendium for attorneys, business executives, and others who are long on interest, but short on time. It summarizes the seven zones that were central to the FTC’s 360° approach in 2018.  The Report can be found in embedded links with the FCC’s press release today. https://www.ftc.gov/news-events/blogs/business-blog/2019/03/ftcs-2018-privacy-data-security-update-what-it-means-your?utm_source=govdelivery Read More

On October 3, the FCC issued a Request for Comment on the TCPA's definition of ATDS following the 9th Circuit's Marks decision.  A copy of the FCC's Request is here.  The deadline to file commentary is October 24, 2018.   The FCC seemed concerned by Marks' expansive interpretation of the TCPA's definition(s).  In other words, the [Marks] court interpreted the statutory language expansively so… Read More

On May 3, 2018, a coalition of industry groups filed a petition for a declaratory ruling with the FCC, following the DC Circuit's decision in ACA Int'l.  Yesterday, the FCC asked for comment.  A copy of the Petition can be found here.  Interested parties may file comments by June 13, or reply to comments by June 28. Read More

As subscribers know, industry is challenging the FCC's Omnibus Ruling as exceeding its regulatory and rulemaking powers.  Severson is at the forefront of that litigation, having filed yesterday an amicus brief on behalf of industry in support of industry's petition.  A copy of the petition can be found here and copy of the petitioner's opening brief can be found here.  … Read More

ACA International, the national debt collectors' trade organization, sued the FCC to challenge the FCC's declaratory ruling on the TCPA.  A copy of the lawsuit can be found here:  ACA Petition for Review 7-13-15. The ACA's press-release described the substance and purpose of their action: ACA International has been at the forefront of a long-time effort to clarify application and… Read More

The FCC's Omnibus Ruling, along with the comments of Commissioners Wheeler, Clyburn, Rosenworcel, Pai, and O'Rielly can be found here. We will be evaluating the Ruling, and Commissioners' comments.   For questions regarding the Ruling and its impacts, please contact the group leaders of Severson & Werson's TCPA team, Eric Troutman (ejt@severson.com) or Scott Hyman (sjh@severson.com). Read More

A copy of the FCC's Release can be found here:  FCC TCPA News Release.  A transcript of the proceedings and the panel's statements can be found here:   FCC TCPA Transcript 6.18.15 Read More

On Thursday the FCC entered rulings  on the petitions filed by GroupMe, Inc.: http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0327/FCC-14-33A1.pdf and the Cargo Airline Association: http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0327/FCC-14-32A1.pdf The FCC's ruling on the petition of Group Me, Inc. for an expedited declaratory ruling and clarification on the issue of whether it could rely on its members to provide consent for "called parties" that would receive text messages as… Read More

ACA’s petition was filed on January 31, but was accepted for filing by the FCC on February 11.  ACA’s petition is broad-based, asks the FCC to accomplish the following objectives: • Confirm that not all predictive dialers are categorically automatic telephone dialing systems. •Confirm that “capacity” under the TCPA means present ability. •Clarify that prior express consent attaches to the… Read More

GroupMe and the Cargo Airline Association have filed Petitions to the FCC, asking the FCC to re-visit its definition of autodialer and whether consent can be given by someone other than the called party.  See the GroupMe Notice of Req for Comment by FCC, US Chamber of Commerce's Comments to the Petition, and a Notice of Ex Parte Meeting with FCC filed by… Read More

In Swope v. Credit Management, LP, 2013 WL 607830 (E.D.Mo. 2013), Judge Perry followed Soppett, holding that an unanticipated receiver of autodialed calls to a cellular telephone had standing to pursue a TCPA claim.  The facts were as follows: According to the complaint, defendant obtained an account receivable by Charter Communications and began making phone calls to collect the debt.… Read More

On November 29, 2012, the FCC issued a Declaratory Ruling that sending a one-time confirmatory text message within five minutes of receipt of a consumer's request that no further text messages be sent does not violate the TCPA or the FCC's rules as long as the sender had prior express consent to send text messages using an automatic telephone dialing system. The FCC… Read More

Communications Innovators filed a Petition for Declaratory Ruling before the FCC, who set the deadline for commentary as November 15, 2012, and the replies due November 30, 2012.   The FCC’s inquiry suggests breadth that might not only include purported ‘dual purpose’ calls, but also what an ATDS is.  A copy of the Petition is here and the FCC's Request for Comment is here. Read More

The FCC today issued its Final Telemarketing Sales Rule today.  As to debt collection calls, the FCC noted the distinction between land-lines and cellular telephones, as well as affirming that debt collectors can obtain either oral or written consent to call consumers on their cellular telephones using an autodialer: Moreover, while we revise our consent rules to require prior written consent… Read More

Yesterday, the FCC issued an Order implementing the Truth-in-Caller-ID Act, here.  The FCC's press release explained:   Increasingly, bad actors are altering or manipulating caller ID information—known as caller ID spoofing—to further a wide variety of malicious schemes, from identity theft to placing false emergency calls to SWAT teams.  Using spoofing services accessible through the web or prepaid cards, anyone can… Read More

In a comment submitted to the Federal Communications Commission, the FTC urged its sister agency to hold that sellers of goods and services should be held responsible for sales calls made by others on their behalf, even if the seller did not physically place the calls. The FTC stressed that the FCC should not allow such sellers to escape liability… Read More

Courts have addressed the issue of whether misrepresentation or 'spoofing' of Caller IDs in collection calls can violate the FDCPA, and we have reported on such cases previously. Yesterday, the FCC issued a Notice of Proposed Rulemaking, with a comment deadline of April 18, 2011, regarding its implementation of regulatory and enforcement rules for the Truth in Caller ID Act… Read More

On March 22, 2010, the FCC issued it's notice of proposed rulemaking, a copy of which is here.  This competes with the FTC's efforts to regulate the TCPA, too.  The FCC's version includes regulations which, if effectuated, would prohibit a person from initiating any telephone call using an automatic telephone dialing system or an artificial or prerecorded voice to a consumer’s… Read More

On January 20, 2010, the FCC Announced its proposed rule on the TCPA. See the Press Release here and the Proposed Rule here. Key provisions proposed by the FCC include: 1. Requiring sellers and telemarketers to obtain telephone subscribers’ express written consent (including electronic methods of consent) to receive prerecorded telemarketing calls, even when there exists an established business relationship between… Read More