Womble Bond Dickinson Ramble

This week on the Ramble: The big news of the day is the just announced TRACED Act. The good news is it seeks to give the FCC the authority it has always needed–and never had–to require call identity validation and cut down on spoofed calls. The bad news is that it modifies the existing TCPA to encourage the FCC to bring more lawsuits against more businesses and gives the FCC an even heavier cudgel (sort of) to threaten folks with. A great result in Johnson v. Yahoo!, Inc., Notably, this is now the second court outside the Ninth Circuit to expressly refuse to follow Marks on the basis there’s no ambiguity in the statutory definition of ATDS. The decision in Zemel v. CSC Holdings results in one of the greatest TCPA decision one-liners ever. In a shocking development a District Court orders plaintiff to show cause why TCPA class action shouldn’t be stayed based on challenges to constitutionality in Gallion v. Charter Commc’ns, Inc. The Head of Legal and Compliance for QuinStreet, Marty Collins, joins the Ramble