• The Commission issued a $2.96 million Forfeiture Order regarding violations of the Telephone Consumer Protection Act restrictions on the making of pre-recorded advertising calls.  The Commission had issued an NAL in the case four years ago.
  • The Enforcement Bureau issued two Citations against entities that did not permit people to sign up for their service without agreeing to receive automated telemarketing calls or text messages to their wireless numbers. Although the relevant rule prohibits making such calls or sending such text messages without obtaining express prior written consent that is not a condition of receiving the service, the citations did not reference any unlawful calls or texts, or even any complaints.  Rather, the citations found the companies’ terms of service/practices to be inconsistent with the definition of express prior written consent. It is highly unusual, if not unprecedented, to find a violation of a definition, as opposed to an operative requirement. This action underscores the Enforcement Bureau’s aggressive approach to TCPA enforcement, and consumer protection enforcement more generally.