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 three developments highlighting the FCC and FTC's continued efforts to strengthen robocall prevention and telemarketing compliance. First, the FCC is seeking public comment on whether to revise or extend STIR/SHAKEN implementation deadlines for certain providers, and how to assess the framework's effectiveness in combating illegal robocalls. Second, the FCC's Enforcement Bureau removed Chase Tech LLC from the Robocall Mitigation Database for submitting false certification information, reinforcing its commitment to data integrity and compliance enforcement. And third, the FTC announced a fee increase for accessing the National Do-Not-Call Registry, reminding telemarketers of the ongoing costs and legal obligations tied to maintaining compliance with the Telemarketing Sales Rule.
In our Litigation Update, we dive into the recent TCPA decision in Human v. Fisher Investments, where the court denied summary judgment on a fraud counterclaim, citing troubling evidence: disposal of a computer, Fifth Amendment invocations, a phone receiving texts to multiple identities, and over 65 TCPA suits filed by the plaintiff in one year. The case highlights the importance of aggressive discovery and the strategic use of counterclaims against serial litigants.
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
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FCC Seeks Public Input on STIR/SHAKEN Extensions and Efficacy Review
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FCC Continues to Take Action on Deficient Robocall Mitigation Database Filings
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FTC Announces Do-Not-Call Registry Fee Increase
Litigation Update
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