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In our Litigation Update, we discuss the Ninth Circuit's reasoning, in an unpublished decision, that the LiveVox Platform is not an automatic telephone dialing system (ATDS).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
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