On August 7, 2024, the Federal Communications Commission (FCC), continuing to build on last year’s Notice of Inquiry regarding AI-generated calls under the Telephone Consumer Protection Act (TCPA), unanimously issued a Notice...more
On February 15, 2024, the Federal Communications Commission (FCC) published a Report and Order (Order) that attempts to clarify the rules for revoking consent under the Telephone Consumer Protection Act (TCPA). Most notably,...more
On May 25, 2023, Florida Governor Ron DeSantis signed a significant amendment to the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), sometimes referred to as the Florida mini-Telephone Consumer Protection Act...more
In a flurry of activity at its meeting on March 16, 2023, the Federal Communications Commission (FCC), finalized rules aimed at robocaller identification and mobile carrier requirements, and proposed a new rule for comment...more
A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more
12/9/2021
/ Auto-Dialed Calls ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Do Not Call List ,
FCC ,
Private Right of Action ,
Putative Class Actions ,
TCPA ,
Text Messages
Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...more
2/12/2020
/ ATDS ,
Auto-Dialed Calls ,
Cannabis-Related Businesses (CRBs) ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Energy Sector ,
FCC ,
Hobbs Act ,
Insurance Industry ,
Marketing ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Reassigned Phone Numbers ,
Safe Harbors ,
Split of Authority ,
Standing ,
Statute of Limitations ,
Statutory Authority ,
TCPA ,
Text Messages ,
TRACED Act ,
Utilities Sector
Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more
12/3/2019
/ Auto-Dialed Calls ,
Class Action ,
Energy Sector ,
FCC ,
New Guidance ,
Opt-Outs ,
Prior Express Consent ,
Settlement ,
Solar Energy ,
TCPA ,
Telemarketing ,
Text Messages ,
Utilities Sector
Although the Telephone Consumer Protection Act (TCPA) may be most commonly known for its prohibitions on robocalls, text messages also fall within the TCPA’s broad scope. Given the outsize risk of class action TCPA litigation...more
According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned each year. Reassigned...more
12/21/2018
/ Auto-Dialed Calls ,
Databases ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
Spam ,
TCPA ,
Text Messages ,
Wireless Devices
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more
8/14/2018
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dish Network ,
Faxes ,
FCC ,
Marketing ,
TCPA ,
Telemarketing ,
Text Messages ,
Third-Party Liability ,
Unsolicited Faxes ,
Vicarious Liability
In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more
3/23/2018
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Smartphones ,
TCPA ,
Telemarketing ,
Text Messages ,
Wireless Devices
Many companies employ third parties to assist with communications to consumers, or to market their products and services through semi-independent agents, brokers, or contractors. As a result, companies may face vicarious...more
An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more
The outcome of the 2016 presidential election has left many prognosticators scrambling to figure out the policy implications of the incoming Republican change in administration. Among countless other things, companies...more
Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely...more