We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue's Regulatory Update, we cover the FCC's clarified guidance for callers using the Reassigned Numbers Database (RND). As we've noted previously, to avoid TCPA liability, high-volume callers should set up a process for checking the RND before making calls. We also discuss the TRACED Act Annual Report to Congress. Issued on December 28, it includes a wealth of information on TCPA complaints and related actions by the FCC as well as other data relevant to our readers.

In our Litigation Update, we discuss the Ninth Circuit's reasoning, in an unpublished decision, that the LiveVox Platform is not an automatic telephone dialing system (ATDS). In addition, we look at a circuit split focused on what type of fax communication constitutes an "unsolicited advertisement" under the TCPA.

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   

Part I – TCPA Regulatory Update

Commission Issues Clarification on "No Data" Reports from Reassigned Numbers Database

Commission Issues TRACED ACT Report to Congress

Part II – TCPA Litigation Update

Ninth Circuit Concludes LiveVox Not an ATDS

TCPA Fax Circuit Split in the Second and Third Circuits

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.