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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

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