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 newsletter, we report on the FCC's recent initiatives to strengthen international and domestic partnerships against illegal robocalls, with new agreements promoting cooperation with the Georgia Office of the Attorney General, United Kingdom Office of Communications, and Information Commissioner's Office of the United Kingdom. We also discuss the FTC's amendments to the Telemarketing Sales Rule (TSR), notably expanding recordkeeping requirements to bolster consumer protection. Finally, we cover the FCC's establishment of compliance dates for new texting rules aimed at further protecting consumers from unsolicited messages.
In this month's Litigation Update discusses recent court decisions affirming the importance of clear and detailed allegations in TCPA claims. In Woodard v. Health Insurance Alliance, the plaintiff's complaint was dismissed due to contradictory allegations and insufficient evidence linking the defendant to the alleged calls. Similarly, in Forteza v. Affordable Auto Shield, the court rejected a plaintiff's generic pleading, emphasizing the necessity of factual specificity to withstand dismissal in TCPA suits.
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
- Commission Strengthens International and Domestic Robocall Enforcement Partnerships
- FTC Amends Telemarketing Sales Rule to Add Recordkeeping Requirement
- Commission Sets Compliance Dates for Two New Texting Rules
Litigation Update
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.
