We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In our Regulatory Update, we discuss the FCC's plan to consider a proposal to speed up STIR/SHAKEN implementation for small voice service providers. The Commission would propose to move the implementation deadline from June 30, 2023 to June 30, 2022 for small voice service providers deemed most likely to generate unlawful robocall traffic. We also cover the FCC's Public Notice seeking comment on a proposed protective order for confidential information submitted to its Robocall Mitigation Database (RMD). As part of its efforts to implement the TRACED Act and combat illegal robocalls, the FCC is seeking to address potentially sensitive information submitted to the RMD by voice service providers certifying compliance with FCC STIR/SHAKEN requirements or detailing other efforts to stop illegal robocall traffic on their networks.
In this issue's Litigation Update, we look at the Sixth Circuit's recent affirmation that TCPA doesn't impose strict liability on a company simply because its products wind up on an unsolicited fax advertisement. The court confirmed that a company must have some knowledge that an unsolicited fax has been sent in order to incur liability for violating the TCPA.
In This Edition
Part I – TCPA Regulatory Update
- Commission Considering Reduced STIR/SHAKEN Extension for Small Providers
- Commission Seeks Input on Protective Order for Robocall Mitigation Database
Part II – TCPA Litigation Update
- Sixth Circuit Demands "Some Level of Knowledge" for Liability in Junk-Fax Cases and Confirms that the TCPA Reaches e-Faxes
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