Monthly TCPA Digest — February 2022 – Media, Telecoms, IT, Entertainment

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 a proposed Declaratory Ruling circulated by FCC
Chairwoman Rosenworcel that would require callers to obtain consent
from consumers before delivering “ringless voicemail”
messages directly to their voicemail mailboxes. We also discuss the
FCC Enforcement Bureau’s cease-and-desist letters to Great
Choice Telecom and TCA Voip, resulting from their alleged
transmission of illegal robocalls.

In our Litigation Update, we look at what constitutes a
“voice” post-Facebook. While some plaintiffs
have argued that a text message can be considered a
“voice” under TCPA and may thus constitute a TCPA
violation, a district judge in the Central District of California
recently concluded that the argument defies common sense.

In This Edition

Part I – TCPA Regulatory Update

Chairwoman Rosenworcel Circulates
Declaratory Ruling on Ringless Voicemails

FCC Enforcement Bureau Sends More
Cease-And-Desist Letters

Part II – TCPA Litigation Update

What Is a “Voice”
Post-Facebook?

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.