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Ballard Spahr LLP

FCC sets April 15 as effective date for new robocall rules

Ballard Spahr LLP on

The FCC set April 11, 2025 as the effective date for new rules designed to make it easier for consumers to revoke consent for calls and texts subject to the Telephone Consumer Protection Act and requiring callers honor these...more

Vedder Price

TCPA Turnstile: Four Scariest Developments (and a Potential Ray of Light Amid the Fright) (TCPA Update Vol. 19)

Vedder Price on

As we reach the peak of this year’s Spooky Season, we thought it would be helpful to revisit some of the scariest recent developments in the realm of TCPA litigation and compliance. The conventional wisdom is that some of...more

Orrick, Herrington & Sutcliffe LLP

FCC warns gateway provider not to transmit “illegal” robocalls

On October 18, the FCC issued a public notice to all US-based voice service providers regarding a cease and desist letter that it had sent to a “gateway” telecommunications provider instructing it to halt transmission of...more

Womble Bond Dickinson

TCPA Consent Transfer: SDNY Case Highlights Key Considerations

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In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)...more

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

Kelley Drye & Warren LLP

TCPA Tracker for August - September 2024

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California Court Dismisses TCPA Claim Because Job Recruitment Offers Do Not Qualify as Solicitations Under the TCPA - The District Court for the Central District of California dismissed Plaintiff Dustin Anderson’s TCPA...more

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY rules on TCPA case

On September 19, U.S. SDNY issued a TCPA consent-related decision granting a vehicle dealer’s motion for summary judgment in part and denying it in part. The plaintiffs alleged the vehicle dealer violated the automatic...more

Troutman Pepper

USTelecom Urges FCC to Reconsider Proposed Anti-Robocall Rules

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On September 19, USTelecom — The Broadband Association (USTelecom), a major telecommunications trade organization, sent a letter to the Federal Communications Commission (FCC) expressing its concerns about the proposed...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

Wiley Rein LLP on

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

Cooley LLP

FCC Proposes New Regulations for AI-Generated Robocalls

Cooley LLP on

The Federal Communications Commission (FCC) has released a new notice of proposed rulemaking that would impose new requirements for autodialed marketing calls and texts that use artificial intelligence (AI) to generate...more

Troutman Pepper

California Federal Court Dismisses TCPA Complaint Finding Recruitment Messages Are Not Solicitations

Troutman Pepper on

In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...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

Perkins Coie

FCC Proposes New Rules for AI-Generated Content in Calls and Texts

Perkins Coie on

The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more

Manatt, Phelps & Phillips, LLP

FCC Sends Letters to Telecom Companies About AI For Political Calls

Continuing its focus on the use of artificial intelligence (AI) in robocalls, the Federal Communications Commission (FCC) sent letters to nine telecommunications companies asking about the efforts they are taking to prevent...more

Manatt, Phelps & Phillips, LLP

Insufficient Allegations Doom TCPA Action

A California federal court recently granted a defendant’s motion to dismiss the Telephone Consumer Protection Act (TCPA) claim brought by a plaintiff alleging that she received a trio of unwanted phone calls, finding that she...more

Manatt, Phelps & Phillips, LLP

TCPA Suit Tossed Where Plaintiff Not A ‘Called Party’

A Telephone Consumer Protection Act (TCPA) plaintiff who was neither a subscriber of the telephone number nor a customary user of the number failed to state a claim under the statute, a New York federal court has ruled....more

Orrick, Herrington & Sutcliffe LLP

FCC to vote on AI-generated robocall rules

On July 16, the FCC proposed new consumer protections against AI-generated robocalls and planned to vote on these proposals at the August Open Meeting. If approved by the Commission during the meeting, these rules would...more

Pillsbury - CommLawCenter

FCC Releases Draft NPRM Considering Broader Regulation of AI-Generated Robocalls

Chairwoman Rosenworcel announced at the FCC’s July 16 open meeting that the Commission is considering adoption of a Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposals to regulate AI-generated robocalls. The...more

Kelley Drye & Warren LLP

Telemarketing in 2024 – A Mid-Year Review

As we approach the 2024 halfway mark, businesses that rely on texting and calling to promote their products and services face an onslaught of new and significant legal and regulatory developments. To help with tracking these...more

Manatt, Phelps & Phillips, LLP

Opt-In Texts Violated the TCPA, Arizona Court Rules

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more

Faegre Drinker Biddle & Reath LLP

TCPA Boundaries Drawn: Marketing Text Messages to Known Telephone Numbers Permitted

In Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. (101 F.4th 176), the Second Circuit addressed critical questions regarding the definition of an “automatic telephone dialing system” (ATDS) and whether text...more

Klein Moynihan Turco LLP

Third Circuit Clarifies TCPA ATDS Liability

On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme...more

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