We aim to highlight the importance of due diligence in lead campaigns and to keep our customers and industry associates up-to-date with the compliance news reported from our industry. These articles are reprinted here for our readers, courtesy of Mac Murray & Shuster LLP and TCPA World.
Updated FCC Rules Intended to Limit Robocallers’ Access to Phone Numbers
The Federal Communications Commission (FCC) unanimously approved its Second Report and Second Further Notice of Proposed Rulemaking on September 21st. This proposed rulemaking would provide guidelines for VoIP providers to access phone numbers.
This rule would require VoIP providers make additional robocall-related certifications, similar to carriers, which would include the following attestations:
- The applicant will not use the phone numbers obtained to knowingly transmit, encourage, assist, or facilitate illegal robocalls, illegal spoofing, or fraud;
- The applicant has fully complied with STIR/SHAKEN caller ID authentication, robocall mitigation plan requirements, and filed certification in the Robocall Mitigation Plan Database; and
- Neither the applicant nor key personnel identified in the application are or have been subject to investigation for failure to comply with legislation concerning unlawful robocalls or unlawful spoofing.
Understanding AI and Compliance: Legal Experts Discuss Emerging Issues and Share Best Practices
Taking a look at fast-evolving issues, analyzing regulator responses, and outlining AI compliance best practices, our partners at Mac Murray & Shuster (M&S) recently hosted a highly informative webinar, “Striking the Balance: AI’s Impact on Consumer Data Privacy.”
Prerecorded Calls Still Subject to Action, Regardless of ATDS Use
This is your reminder, that YES, prerecorded calls are STILL actionable under the TCPA, even if an ATDS wasn’t used…
To state a claim for recovery under the TCPA and Maryland TCPA, the plaintiff must allege that the defendant: (1) called his cellular phone; (2) using an automatic telephone dialing system or an artificial or prerecorded voice; (3) without his prior express consent (or any of the other exceptions).
Emphasis on the “or.”
Third Circuit Court of Appeals Issues Standing Ruling That Might Mark the End of TCPA Class Actions
As TCPAWorld.com reported not long ago, a massive 66.2% of TCPA cases are filed as class actions.
In order to bring a class action a few things are required. First, the basic requirements of Rule 23 must be met. But, more germanely, the class must possess Article III standing…. maybe…
In Huber v. Simon’s Agency, 2023 WL 6629836 (3rd Cir. Oct. 12, 2023) the Third Circuit Court of Appeals recognized that unnamed class members may lack Article III standing even where a statutory violation created Article III standing for the named Plaintiff. And this is a MASSIVELY important ruling that may undercut the basis for TCPA class actions altogether.
Senate Hearing on TCPA and Robocalls Falls Short in Providing Meaningful Testimony or Solutions
The lack of understanding of the issues was plain. The U.S. Senators asking questions plainly did not understand the subject matter–or the witnesses they were talking to. Little was accomplished.
Legal Victory for Macy’s in TCPA Lawsuit as Court Finds One-Day DNC Request Processing Delay Justifiable
Under current law a company has “up to” 30 days to stop calling but the “reasonable time” standard remains. And some courts have given much less than 30 days as reasonable.
While the line of “reasonableness” may not be clear the court in Barr v. Macys.com, 2023 WL 6393480 (S.D.N.Y. Sept. 29, 2023) clarified that a business need not honor an opt out within 3 days and 1 business day–and that’s a big win for Macy’s and TCPAWorld as a whole.
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