We are pleased to present to you the latest version of Compliance news via phone and textproviding insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a recent FCC order directing more than 2,000 communications service providers to address deficiencies in both their Robocall Mitigation Database (RMD) certifications and Robocall Mitigation plans. Origination, intermediary, gateway and termination providers were included in the order – the largest action of its kind taken by the Commission to date. Providers who fail to address the shortage or respond by December 31 face having their certification removed from the RMD, which requires other providers to stop accepting traffic from them. We also discuss Chair Rosenworcel’s announcement of a draft report and order proposing to change the rules for RMD filing requirements to promote greater diligence and accountability among filers.
In this month’s litigation update, we cover Bradley v. Dentalplans.coma case focusing on whether the plaintiff’s audio recording is a valid written signature for purposes of creating TCPA-compliant written consent. The Fourth Circuit is asked to take an interlocutory appeal focusing on whether the disclosure requirements under the Electronic Signatures in Global and National Commerce Act (e-Sign Act) apply to the TCPA. We also look at the Georgia federal court’s decision to stay Loudermilk Inc. v. Maylis Cosmetics Inc., USA. In light of a case pending in the Supreme Court that is likely to provide further guidance on the limits of agency rulings, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al.
In this edition
Regulatory update
Litigation update
[View source.]
