We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a recent FCC Order directing over 2,000 telecommunications service providers to cure deficiencies in each of their Robocall Mitigation Database (RMD) certifications and Robocall Mitigation plans. Originating, intermediate, gateway, and terminating providers were listed in the Order — the largest action of its type taken by the Commission to date. Providers that fail to cure the deficiency or respond by December 31 face removal of their certification from the RMD, which requires other providers to cease accepting traffic from them. We also discuss Chairwoman Rosenworcel’s announcement about a draft Report and Order proposing to change RMD filing requirement rules to promote increased diligence and accountability among filers.
In this month’s Litigation Update, we cover Bradley v. Dentalplans.com, a case focusing on whether a plaintiff’s voice recording was a valid written signature for purposes of establishing TCPA-compliant written consent. The Fourth Circuit is being asked to take an interlocutory appeal centering on whether the disclosure requirements under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) apply to the TCPA. We also look at a Georgia federal court’s decision to stay Loudermilk v. Maelys Cosmetics USA Inc. in light of a pending Supreme Court case likely to provide further guidance on the limits of agency rulings, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al.
In This Edition
Regulatory Update
Litigation Update
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