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January 2016 TCPA Compliance Monitoring Report
On July 10, 2015, the Federal Communications Commission (FCC) released its Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order (Declaratory Ruling) “to reiterate and simplify the relevant portions of the TCPA.” The Declaratory Ruling laid out a number of TCPA exemptions, reaffirmations, and new rules.
It is clear that the new rules will adversely affect businesses using automatic telephone dialing technologies. The limited exceptions provided in the Declaratory Ruling accent the dangers of automated dialing tools. The use of autodialing technologies by businesses will be significantly restricted making it harder and costlier for them to connect with their clients.
In light of these new TCPA requirements, companies using automated calls or texts to communicate with their clients must review their business practices to be able to dodge potential violations.
Several parties have filed suit to seek judicial review of the FCC’s Declaratory Ruling from the U.S. Court of Appeals for the D.C. Circuit. These parties contend that the FCC overstepped its bounds and drastically expanded liability under the TCPA.
Join CommLaw Group attorneys Nate Hardy and Seth Williams as they participate in a panel of key thought leaders and practitioners assembled by The Knowledge Group to discuss the fundamentals regarding the FCC’s TCPA Omnibus Declaratory Ruling and its appeal as well as the latest on compliance issues arising from the ruling. The panel will provide their expert opinions on how to avoid TCPA pitfalls, risk issues, and strict liabilities in this two-hour LIVE Webcast. You can still register for this informative webcast. The webcast will start at 10 AM on January 22, 2016.
Key topics include:
- TCPA Omnibus Declaratory Ruling and Order – An Overview
- Criticisms
- Consolidated Appeal: ACA International, et al. v. FCC and United States of America
- Compliance Risk Issues and Challenges
- Liabilities
- Managing Compliance
- Regulatory Forecasts
Other TCPA News and Notes:
On December 14, 2015, the FCC’s Consumer and Governmental Affairs Bureau sought comment on a petition for retroactive waiver filed by Rita’s Water Ice Franchise Company, LLC. In its petition, Rita’s seeks a waiver of the Commission’s prior express written consent rule for automated telemarketing calls. The FCC granted a similar request to a group of telemarketers in its TCPA Omnibus Declaratory Ruling because of confusion surrounding whether written consents obtained prior to the FCC’s amendment to the prior express written consent requirements remained valid after the new rules took effect on October 16, 2013. Rita’s argues it is similarly situated to the parties granted waivers in the TCPA Omnibus Declaratory Ruling. Comments are due on January 13, 2016. Reply comments are due on January 28, 2016.
If you would like to comment on Rita’s petition for retroactive waiver or you have questions about your company’s compliance with the TCPA, please contact Jane Wagner at jlw@commlawgroup.com, Nate Hardy at njh@commlawgroup.com, or Seth Williams at slw@commlawgroup.com.
