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 cover the FCC's Initial Determination Order against Veriwave Telco, the originating provider for a significant number of illegal robocalls involving a fake tax relief program. We also provide an overview of two robocall-related draft Notices of Proposed Rulemaking the Commission will consider at its August 7 Open Meeting. The FCC will weigh whether to adopt proposals on procedures aimed at improving filings for the Robocall Mitigation Database and possible steps it could take to protect consumers from robocalls and texts that use AI technology.
In this month's Litigation Update, we discuss a recent decision in Cacho v. McCarthy & Kelly, which provides valuable insights into TCPA compliance and defense strategies following the US Supreme Court ruling striking down the Chevron doctrine in Loper Bright Enterprises v. Raimondo. In Cacho, a New York federal court independently examined the TCPA's language, ultimately agreeing with the FCC's position that wireless subscribers on the National Do Not Call Registry can be considered residential subscribers. While the defendant prevailed in getting the case dismissed on other grounds, the decision illustrates why TCPA compliance remains key.
If you have suggestions for topics you'd like us to feature in this newsletter, or any questions about the content in this issue, please feel free to reach out to an attorney on Mintz's TCPA and Consumer Calling Practice team.
In This Edition
Regulatory Update
-
Federal Communications Commission Takes Further Action Against Provider Facilitating Illegal Tax Robocalls
-
Commission to Initiate New Proceedings on Robocall Mitigation Database Procedures and AI in Robocalling at August Open Meeting
Litigation Update
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.