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 summarize recent updates that the FCC made to its Report and Order on robotexting. Specifically, we examine two new additions to the Report and Order: First, the FCC explicitly rejected a proposal by certain industry stakeholders that would have permitted lead generators to obtain consent through a hyperlinked list of sellers; and second, the FCC extended the implementation period from six months to one year for businesses to make necessary changes to ensure the consent they obtain complies with the new rules.
The Report and Order also requires terminating providers to block text messages from certain numbers upon notification from the Enforcement Bureau. In the newsletter, we analyze the implications that this has on terminating providers.
In our Litigation Update, we examine the decision in both Sowders v. Scratch Financial, Inc. and Klassen v. Solid Quote as a helpful reminder that TCPA defendants should scrutinize proposed class definitions and challenge them when appropriate as a way to gain leverage and narrow the number of proposed class members.
In This Edition
Regulatory Update
Litigation Update
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