Mintz Levin’s TCPA and Consumer Calling Practice Team has published its latest TCPA Digest.

This month’s issue examines an FCC rulemaking proceeding concerning whether providers should be required to establish a challenge mechaniskm for incorrectly blocked robocalls.  In addition, the Digest examines the factors defendants should consider in whether to make an early offer of judgment (a “Rule 68” offer) in a TCPA class action and relevant case law about early offers.

The TCPA Digest can be read here.



Written by Jordan Cohen

As we discussed in last week’s Privacy Monday, the Federal Communications Commission (FCC) recently released its Declaratory Ruling and Order clarifying and expanding the reach of the Telephone Consumer Protection Act (TCPA).  While the ruling is broad in its subject matter, part of the ruling specifically addresses so-called “robocalls” made by health care providers.

The portions of the ruling related to health care were the result of a petition filed by the American Association of Healthcare Administrative Management (AAHAM). AAHAM’s petition primarily related to the TCPA’s consent requirements. FCC rules generally require that callers obtain the prior express consent of the called party before calls or text messages are made to wireless phones using autodialing equipment or an artificial or prerecorded voice. Continue Reading FCC Ruling Addresses Robocalls by Health Care Providers

By Howard J. Symons and Ernest C. Cooper

The Federal Communications Commission (FCC) has announced October 16, 2013, as the effective date for its new rules requiring companies to obtain prior express written consent from consumers before calling them with prerecorded telemarketing “robocalls” or before using an autodialer to call their wireless numbers with telemarketing messages.

The FCC also announced January 14, 2013, as the effective date for its new rule requiring that prerecorded telemarketing messages must include an automated op-out mechanism. November 15, 2012, was set as the effective date for the new rule matching FCC rules on measurement of the abandoned call rate with changes adopted by the Federal Trade Commission (FTC) in 2008 and requiring the recorded message played for an abandoned call to include an automated opt-out mechanism.

The new rules were adopted by the FCC in an order issued in February 2012 , and reported on in this blog here, but announcement of effective dates had been delayed awaiting approval from the Office of Management and Budget (OMB). For more details on these important dates and requirements see our Mintz Levin Communications Alert here.

Written by Ernie Cooper 

The Federal Communications Commission (“FCC”) has adopted new rules that require companies to obtain prior express written consent from consumers before calling them with prerecorded telemarketing “robocalls.”  For the most part, the new robocall rules adopted by the FCC simply mirror similar rules adopted by the Federal Trade Commission (“FTC”) in 2008, meaning that most companies making prerecorded telemarketing calls will presumably already be in compliance.  However, companies such as banks, telephone companies, and airlines, which are exempt from FTC regulation, will now need to comply with the written consent and related requirements as adopted by the FCC.  FCC rules on calls to wireless phones apply to both voice calls and text messages.

 The new Robocall Rules adopt a requirement already in FTC rules that prerecorded calls must include an automated means to allow called parties to opt out of future telemarketing calls.  The FCC also matched FTC rules on measuring compliance with telemarketing dropped call standards to minimize the number of consumers getting “dead air” calls.

Different from the FTC rules, and therefore a new requirement for all companies engaged in telemarketing, is the FCC requirement that callers obtain prior express written consent from wireless phone users for telemarketing calls made using automatic telephone dialing equipment (i.e., an “autodialer”), even if the calls are not prerecorded.

Informational and other calls that do not involve telemarketing can continue to be made under current rules for consent for calls made to wireless phones and without consent for calls made to residential (“wireline”) phones.  The rules also do not apply to calls made by or on behalf of a tax-exempt nonprofit organization.    As a result, prior written consent is not required for autodialed calls that do not advertise a product or service, including calls by nonprofits or for political purposes.  Also, the new restrictions do not apply to informational calls that may be commercial in nature, such as calls from an airline informing passengers that their flights have been delayed or calls from a bank informing a customer of fraudulent charges to her account.

 The Robocall Rules impose some key new requirements.  Continue reading……

  Continue Reading FCC Adopts Rules Requiring Written Consent for Telemarketing “Robocalls”