News & Analysis as of

Auto-Dialed Calls Consent

Brownstein Hyatt Farber Schreck

FCC Announces Effective Date for New Revocation of Consent Order

Earlier this year, the Federal Communications Commission (FCC) published a new report and order (“Order”) concerning revocation of consumer consent under the Telephone Consumer Protection Act (TCPA). The new rules revise how...more

Klein Moynihan Turco LLP

Court Rules TCPA Consent Cannot be Transferred

On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury...more

Faegre Drinker Biddle & Reath LLP

Texas Federal Court Finds Prerecorded Calls to Schedule Pest Inspections Were Informational, Not Telemarketing

A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v....more

Wiley Rein LLP

FCC Sets October Comment Deadlines on NPRM for AI-Generated Calls and Texts

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The Federal Communications Commission (FCC or Commission) has announced comment deadlines for a Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) released in early August that, among other things, proposes...more

Klein Moynihan Turco LLP

TCPA Case Filings on the Rise!

Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more

McGlinchey Stafford

Maryland Federal Court Delineates When Consent to Receive Telephone Calls Must Be in Writing

McGlinchey Stafford on

Earlier this summer, the U.S. District Court for the District of Maryland denied a defendant’s motion for summary judgment in a case arising under the Telephone Consumer Protection Act (TCPA), finding that the defendant...more

Klein Moynihan Turco LLP

Be Aggressive in Defending TCPA Lawsuits!

Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the...more

Brownstein Hyatt Farber Schreck

FCC Proposes New AI-Generated Robocall Rules

On Aug. 7, the Federal Communications Commission (FCC) voted to propose new rules to require callers to disclose if they are using artificial intelligence (AI) in robocalls and robotexts. If adopted, the new rules would set...more

Hudson Cook, LLP

FCC Continues to Roll Out TCPA Changes and Interpretations

Hudson Cook, LLP on

On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more

Hinch Newman LLP

FCC Announces Final Rule Reflecting Changes to TCPA Revocation of Consent

Hinch Newman LLP on

On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more

Troutman Pepper

New TCPA Rules: Revoking Consent to Robocalls and Robotexts

Troutman Pepper on

On February 15, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). The adopted Report and Order and Further Notice of...more

WilmerHale

FCC Adopts New Robocall and Robotext Consent Rules Under TCPA

WilmerHale on

On February 15, the Federal Communications Commission (FCC or “the Commission”) adopted a Report and Order and Further Notice of Proposed Rulemaking (“the Order”) pursuant to the Telephone Consumer Protection Act (TCPA) that...more

Faegre Drinker Biddle & Reath LLP

Maryland District Court Opinion Explores Complexities of TCPA Consent and Revocation

In the recent opinion of Smith v. ExamWorks, LLC, No. 21-2746, 2024 WL 622102 (D. Md. 2024), the District of Maryland analyzed the nuances of consent and revocation under the TCPA....more

Venable LLP

New Bill to Modernize the TCPA Would Significantly Expand Potential Liability

Venable LLP on

On January 29, 2024, Congressman Frank Pallone, Jr. introduced the Do Not Disturb Act, a bill that would amend the Telephone Consumer Protection Act (TCPA) and “fix” the Supreme Court’s ruling in Duguid that limited the...more

Brownstein Hyatt Farber Schreck

FCC Declares AI-Generated Calls Subject to TCPA

On Feb. 8, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling confirming the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voice” include...more

Wilson Sonsini Goodrich & Rosati

FCC Rules AI-Generated Voices Are “Artificial” Under the TCPA

The Federal Communications Commission (FCC) recently declared that AI-generated voices do fall within the meaning of “artificial” under the Telephone Consumer Protection Act (TCPA) in a ruling issued on February 8, 2024. The...more

Ballard Spahr LLP

TCPA Unsolicited Robocall Ban Now Includes AI-generated Voices

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On Thursday, February 8, the Federal Communications Commission (FCC) finalized its plan to ban robocalls that feature voices generated by artificial intelligence, aiming to stem the tide of AI-generated scams and...more

Troutman Pepper

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

Troutman Pepper on

Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more

Jones Day

New FCC Rule Affects Consumer Consent for Robocalls and Robotexts

Jones Day on

A new FCC rule will require comparison shopping websites and lead generators to obtain consumer consent to receive robocalls and robotext messages one seller at a time....more

Pierce Atwood LLP

FCC Issues New Consent Requirements for Certain Marketing Communications

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In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a...more

Troutman Pepper

FCC Closes Lead Generator Loophole by Requiring One-to-One Consent; Proposes Further Regulation of Robocalls/RoboTexts

Troutman Pepper on

On December 13, by a vote of 4-1, the Federal Communications Commission (FCC) adopted new rules aimed at “closing the ‘lead generator’ robocall/robotexts loophole.” Specifically, the rule requires telemarketers to obtain...more

Ballard Spahr LLP

FCC and FTC Announce new AI Calling and Voice Initiatives

Ballard Spahr LLP on

On November 16th, the Federal Communications Commission (“FCC”) and Federal Trade Commission (“FTC”) announced new independent initiatives regarding the use and implications of AI technologies on consumers in the context of...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - August 2023 #2

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Manatt, Phelps & Phillips, LLP

Can a Minor Provide Consent for TCPA Calls?

The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed...more

Manatt, Phelps & Phillips, LLP

Use of Artificial Intelligence in Calling Activity Presents TCPA Compliance Considerations

Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more

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