Technology, Communications & Media

In this month’s Telephone and Texting Compliance News, we report on updates made by the FCC’s Report and Order on robotexting and the importance of reviewing and challenging class definitions as a TCPA defendant.

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the National Telecommunications and Information Administration’s release of its long-awaited National Spectrum Strategy.

Read about a hearing titled “Protecting Americans from Robocalls” held by the US Senate Science, Commerce, and Transportation Committee’s Subcommittee on Communications, Media, and Broadband, the Deter Obnoxious, Nefarious and Outrageous Telephone (“DO NOT”) Call Act reintroduced in the Senate, and the FCC’s new inquiry into the impact of artificial intelligence (AI) on robocalling.

In this month’s Telephone and Texting Compliance News, we report on an FCC Draft Report and Order, which, if adopted, would potentially require “one-to-one consent,” a recent US Senate hearing titled “Protecting Americans from Robocalls,” the Deter Obnoxious, Nefarious and Outrageous Telephone (“DO NOT”) Call Act reintroduced in the Senate, the FCC’s new inquiry into the impact of artificial intelligence on robocalling, the Ninth Circuit’s decision in True Health Chiropractic, Inc. v. McKesson Corp. approving decertification of a TCPA class action involving a fax, and the Arizona federal court’s holding in Howard v. Republican Nat’l Comm.

Read about the Ninth Circuit’s decision in True Health Chiropractic, Inc. v. McKesson Corp., in which the court affirmed decertification of a TCPA class action involving a fax based on the FCC’s 2019 declaratory ruling in Amerifactors, while the Arizona federal court concluded in Howard v. Republican Nat’l Comm. that a text message with a link to a video does not necessarily qualify as a call using an artificial or prerecorded voice.

Read about an FCC Draft Report and Order, which, if adopted, would potentially require “one-to-one consent from consumers for robotexts and robocalls, disrupting industry practices.

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the FCC’s increased activities on the transition of the C-band, which was reallocated so that it may be made available for commercial wireless services.  

The FCC adopted rules adding new obligations for interconnected Voice over Internet Protocol service providers that obtain numbers for their customers directly from a numbering administrator and is seeking comment on additional proposals involving direct access.

The Federal Communications Commission (“FCC”) released a draft Notice of Inquiry (“NOI”) on October 25, 2023 that would, if adopted, seek information about the impact of artificial intelligence (“AI”) on the FCC’s efforts to protect consumers from unwanted and unlawful calls and text messages under the Telephone Consumer Protection Act (“TCPA”). 

The FCC Enforcement Bureau released an Initial Determination Order against One Owl Telecom, giving the company 14 days to respond to a finding of noncompliance with a notice requiring the company to stop illegal traffic. If One Owl failed to respond or to demonstrate compliance by the deadline, the Bureau will issue an order requiring all downstream providers to block all One Owl traffic within 30 days.

In this month’s Telephone and Texting Compliance News, we report on the FCC’s adoption of rules adding new obligations for interconnected Voice over Internet Protocol service providers that obtain numbers for their customers directly from a numbering administrator and several Enforcement Bureau actions, including an Initial Determination Order against One Owl Telecom, 20 Orders to initiate the removal of noncompliant voice service and gateway providers from the Robocall Mitigation Database, and an order reinstating Global UC Inc.’s certification in the RMD.

On October 16, the FCC’s Enforcement Bureau released 20 Orders to initiate the removal of noncompliant voice service and gateway providers from the Robocall Mitigation Database and reinstated Global UC Inc.’s certification in the RMD, which included entering into a Compliance Plan with the company.

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the addition of a new fifth FCC Commissioner and re-confirmation of two existing Commissioners, bringing the FCC to a full complement for the first time in more than two years.

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight FCC Chairwoman Rosenworcel’s renewed call to Congress to restore the FCC’s authority to conduct spectrum auctions.  

In this month’s Telephone and Texting Compliance News, we report on upcoming hikes to the FTC’s National Do Not Call Registry access fees, the FCC’s record fine of nearly $300 million for robocalling and spoofing, and the FCC’s re-selection of a USTelecom-led industry group as its Registered Traceback Consortium.

The FCC is increasing fees to access its DNC Registry as of October 1, the FCC re-selected a USTelecom-led industry group as its Registered Traceback Consortium, and the FCC set a new record for a robocall and spoofing fine.

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the FCC’s new cybersecurity labeling program, which will help inform consumers about the security of their wireless devices.  

In this month’s Telephone and Texting Compliance News, we cover FCC deadlines for new voice service provider requirements, pending federal legislation that would give the FCC the authority to initiate litigation to enforce TCPA violations, the FCC’s participation in a federal and state multiagency initiative to combat scam calls, and a Ninth Circuit decision, which held that a phone line subscriber has standing to bring a TCPA case even though she wasn’t the recipient of the text message at issue.

Read about a Ninth Circuit decision holding that the subscriber to a phone line has standing to sue for TCPA violations, even if the subscriber was not the recipient of the text messages at issue and was not using the phone when the text messages were received.