Message-ID: <20211214143257.4460F7A7@telecom2018.csail.mit.edu>
Date: Tue, 14 Dec 2021 14:32:57 +0000 (UTC)
From: Bill Horne <malQRMassimilation@gmail.com>
Subject: Appeals Court Affirms FCC's Rule Repeal In Fax Marketing
Decision
by David O. Klein
While traditional fax machines are less and less common today,
litigation over fax marketing remains as rampant as ever. The
Telephone Consumer Protection Act ("TCPA") governs fax marketing and
tasks the Federal Communications Commission ("FCC") with creating
rules for telemarketers to follow. One such rule required
telemarketers to include detailed opt-out instructions on every fax,
including solicited faxes (the "Solicited Fax Rule"). The FCC
eventually repealed the Solicited Fax Rule after a federal appeals
court found that the FCC lacked authority to regulate solicited faxes.
https://www.mondaq.com/unitedstates/advertising-marketing-branding/1139940/appeals-court-affirms-fcc39s-rule-repeal-in-fax-marketing-decision?email_access=on
--
Bill Horne
(Remove QRM from my address to write to me directly)
Message-ID: <f763ae6d-d6fe-d299-1d0f-b8a76a859a2c@gmail.com>
Date: Tue, 14 Dec 2021 13:43:11 -0500
From: Bill Horne <malQRMassimilation@gmail.com>
Subject: Plaintiffs Assert Minors Cannot Give Consent To Automated
Calls And Messages Under The TCPA
by John D. Huh and Simeon Poles
The Telephone Communications Protection Act (TCPA) has long been a
hotbed of consumer litigation, particularly for class actions. For
many years, plaintiffs were successful in alleging that a defendant
used an automatic telephone dialing system (ATDS) to call or send
messages to their cellphone without first obtaining prior express
written consent. Then, in April 2021, the Supreme Court of the United
States issued its ruling in Facebook v. Duguid, narrowing the
definition of what devices count as an ATDS and creating a more
difficult path to recovery under the TCPA. But a lawsuit filed
recently in California federal court appears to open yet another front
in TCPA litigation by questioning whether minors can give valid
consent under the law. This is an issue that compliance and defense
attorneys will have to consider moving forward.
https://www.mondaq.com/unitedstates/telecoms-mobile-cable-communications/1139778/plaintiffs-assert-minors-cannot-give-consent-to-automated-calls-and-messages-under-the-tcpa?email_access=on
--
Bill Horne
(Remove QRM from my email address to write to me directly)
Message-ID: <010ba768-7b26-55ba-7a98-858eb941769f@gmail.com>
Date: 15 Dec 2021 16:21:58 -0500
From: Bill Horne <malQRMassimilation@gmail.com>
Subject: Re: Ten-digit dialing diatribe
On 12/12/2021 10:36 PM, C Mercadal wrote:
> Rewind a couple more weeks, and my dad, as he later explained to
> me, was having difficulty dialing out on his home phone, and he
> thought his cordless phone was the culprit. (He kept telling me he
> thought the '6' button on the keypad was not dialing right, so his
> calls wouldn't complete -- which might be a touch of senility.) In
> hopes of fixing it, he went to a local AT&T store.
>
> >From what he told me, he told his problem to the technicians there,
> who set him up with a cell phone ... and, as he could not explain
> to me, but later became apparent, the store also ported his landline
> number to the cell phone. Now my dad is much more easily confused
> by technology than the average person, and resultigly he had a
> non-operable landline at this point, and a cell phone he couldn't
> figure out how to operate or activate.
I suggest you take these steps, right now:
1. File a complaint against AT&T with the PUC in your dad's state. The
AT&T store employees deceived him.
2. See if the local police will accept a complaint. The Christmas
buying season is in full swing: even if all the police do is call
the store and ask what happened, the manager will want to make you
happy.
3. Ask for help from his federal _and_ state representatives.
4. Write to the executives at ATT&T, and demand refunds and that his
number be returned to his home POTS line.
5. Send copies of ALL your correspondence to EVERY media outlet in your
dad's area, including college radio stations and campus newspapers.
Don't hesitate and don't be polite. They conned your father, and they
depend on seniors for a large part of their profit.
Bill
--
(Remove QRM from my email address to write to me directly)
--
I don't want to say that I'm old and worn out, but I'm never anywhere near the
curb on trash day
