Technology, Communications & Media

A U.S. magistrate judge recommended against dismissing a TCPA case involving text messages sent with technology that can store and dial telephone numbers using a random or sequential generator based on the Court’s Facebook v. Duguid ruling.

Read about a joint statement issued by Congressional lawmakers about their plans to introduce legislation to counter the U.S. Supreme Court’s ruling in Facebook v. Duguid, which held that under the TCPA, an automatic telephone dialing system must be able to perform random or sequential number generation.

The April 2021 TCPA Digest discusses the FCC’s record $225 million fine against a pair of robocallers, Congressional lawmakers’ response to the SCOTUS Facebook auto-dialer ruling, compliance dates for the TRACED Act, and a U.S. magistrate judge’s recommendation, based on the Facebook ruling, not to dismiss a TCPA case.

Read about an FCC order requiring compliance with Section 10 of the TRACED Act by May 6, 2021 and the January 1, 2022 deadline for voice service providers to implement systems to notify callers immediately when calls are blocked.

On March 29, 2021, the Federal Communications Commission (“FCC” or “Commission”) adopted an Order establishing rules and procedures for Round 2 of the COVID-19 Telehealth Program (the “Program”) to continue supporting telehealth services, which have proved to be so vital during the COVID-19 pandemic. In a News Release accompanying the Order, FCC Acting Chairwoman Jessica Rosenworcel highlighted that “[t]his past year has proven, without a doubt, that telehealth technology is critical to helping address inequities in access to health care services” and that Round 2 of this program will help address these challenges “head on.”

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

In a unanimous decision, the Supreme Court expressly overturned the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, by holding, “to qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” See Facebook v. Duguid, 592 U.S. (2021). “Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator. This definition excludes equipment like Facebook’s login notification system, which does not use such technology.”

The Anti-Spoofing Penalties Modernization Act of 2021, S. 594, has been referred to the Senate Committee on Commerce, Science and Transportation, of which two of the bill’s co-sponsors, Senators Gary Peters (D-MI) and Kyrsten Sinema (D-AZ), are members.

USTelecom, one of the largest telecommunications industry groups, has publicly joined the American Bankers Association (“ABA”) in asking the Commission to issue an erratum correcting its December 2020 Report and Order implementing Section 8 of the TRACED Act.

Our March issue covers calls for the FCC to fix a recent Report and Order that would require prior express written consent rather than merely prior express consent for informational prerecorded or artificial voice calls to a residential number. In addition, we cover a Senate bill that would increase fines for “spoofing,” the practice of masking caller ID information.

The next-generation of wireless technologies – known as 5G – is here.  Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

TCPA Regulatory Update — Industry Shows Support for FCC Hospital Robocall Blocking Recommendations

TCPA Regulatory Update — Compliance Dates Established for Reassigned Numbers Database Reporting Requirements

The February TCPA Digest discusses industry input on facilitating adoption of best practices for combatting illegal robocalls in hospitals, a compliance date for voice service providers regarding the Reassigned Numbers Database, and efforts by attorneys general to reverse a ruling that TCPA violations occurring between 2015 and July 2020 are unenforceable because the TCPA law was then unconstitutional.

Whether the Sixth Circuit will agree with the attorneys general is unknown and largely dependent on the panel. Nevertheless, that decision will have no bearing on the cases currently being decided in the Eleventh Circuit. We will closely monitor any developments from the Sixth Circuit and other district courts as this line of cases continues to make headway across the nation.

The next-generation of wireless technologies – known as 5G – is here.  Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

It would be a colossal understatement to say “a lot” has happened since we last reported on Creasy. Indeed, in the matter of a few months, the courts have given birth to the newest circuit split.

Our January TCPA Digest covers the FCC’s implementation of several steps to combat illegal robocalls and comply with TRACED Act deadlines as well as a circuit split that has developed since Creasy, in which the court ruled it lacked authority to enforce the TCPA.

Ending 2020, the Federal Communications Commission (“FCC” or “Commission”) raced to implement several of the Congressionally imposed TRACED Act (“Act”) deadlines to combat illegal robocalls.