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 Federal Communications Commission (“FCC”) announced Thursday that in furtherance of the work of the agency’s Privacy and Data Protection Task Force, the FCC’s Enforcement Bureau signed Memoranda of Understanding (“MOU”) with the Attorneys General of Connecticut, Illinois, New York, and Pennsylvania to share expertise and resources and to coordinate efforts conducting privacy, data protection and cyber-security-related investigations. Read more about this noteworthy legislative step.

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.

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.

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 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”).