We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).
This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.
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 Levin’s TCPA and Consumer Calling Practice Team. You can click here to subscribe to the Monthly TCPA Digest.
In This Edition
Part I – TCPA: Regulatory Update
- Reassigned Numbers Database Finds Bipartisan Support from Senators
- FCC Seeks Comment on Additional Call Blocking Methods
- Petitions on Public Notice
Part II – TCPA: Litigation Update
- Insurance Coverage May Be Available to Some Policyholders for TCPA Lawsuits
Part I – TCPA: Regulatory Update
Reassigned Numbers Database Finds Bipartisan Support from Senators
On July 19, Senate Commerce Committee Chairman John Thune (R-SD) and Senator Ed Markey (D-MA) sent FCC Chairman Ajit Pai a letter commending the FCC for releasing its Second Further Notice of Proposed Rulemaking (discussed in our April Monthly TCPA Digest), which proposes to reduce unwanted robocalls and robotexts by creating a reassigned numbers database. In the bipartisan letter, the Senators encouraged the FCC to move forward with the creation of a reassigned numbers database and asked the FCC to prioritize considerations of comprehensiveness, accuracy, security, efficiency, and the creation of a reasonable safe harbor. The Senators believe a safe harbor would be appropriate if the caller “took all reasonable steps to properly use a reassigned numbers database,” made the call or text in reliance on incorrect information in the database, had the consent of the original called party, and subsequently reported the inaccuracy.
Although many industry commenters favored the creation of a reassigned numbers database accompanied by a safe harbor from liability, some were less enthusiastic. Those parties expressed concerns about the potentially substantial costs to create and maintain such a database, which would likely fall on business callers, and with uncertain benefits.
Multiple parties used a related proceeding to contribute additional comments on the reassigned numbers database. On June 20, the FCC’s Consumer and Government Affairs Bureau (“Bureau”) released a Public Notice soliciting input for a staff report on robocalling. The FCC received approximately thirty substantive comments (the reply comment deadline is August 20). In the Public Notice, the FCC sought comment on a variety of topics related to illegal robocalls, including the effects of current initiatives such as SHAKEN/STIR to combat caller ID spoofing; data on notable trends in illegal robocalling; enforcement efforts; and remaining challenges. Several major trade associations and service providers filed comments in this proceeding endorsing market solutions to prevent robocalls to reassigned numbers, rather than the creation of a new database.
Also in response to the Public Notice, many commenters expressed support for industry efforts to implement the SHAKEN/STIR framework, a set of cryptographic protocols and operational procedures to authenticate calls and reduce illegal spoofing. Many also praised the FCC’s 2017
Call Blocking Report and Order and Further Notice, which empowered providers to block calls that illegally spoofed some categories of telephone numbers, such as invalid numbers and numbers subject to a do-not-originate request.
FCC Seeks Comment on Additional Call Blocking Methods
On August 10, the Consumer and Government Affairs Bureau released a Public Notice seeking to refresh the record on advanced methods to target and eliminate unlawful robocalls. With this Public Notice...
