Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review.
Looking Ahead to 2024 -
States will continue to enact or update their mini-TCPA and...more
On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more
The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more
Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more
6/23/2023
/ Amended Legislation ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Marketing ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls
In April 2021, the US Supreme Court issued its decision in Facebook v. Duguid narrowly construing the Telephone Consumer Protection Act’s (TCPA) “automatic telephone dialing system” definition. In so doing, the Supreme Court...more
Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more
6/1/2022
/ ATDS ,
Auto-Dialed Calls ,
Constitutional Challenges ,
Corporate Counsel ,
Dormant Commerce Clause ,
Facebook Inc v Duguid ,
First Amendment ,
Preemption ,
Prior Express Consent ,
Private Right of Action ,
Subway ,
TCPA ,
Telephone Sales ,
Text Messages
[co-authors: Amelie Hopkins, and Collin Grier]
The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more
2/23/2022
/ AMG Capital Management LLC v FTC ,
Automotive Loans ,
Banking Sector ,
Borrowers ,
Collins v Yellin ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Act ,
Credit Reporting Agencies ,
Credit Reports ,
Creditors ,
Debit and Credit Card Transactions ,
Debt Collection ,
Debtors ,
Dodd-Frank ,
Enforcement Actions ,
Financial Services Industry ,
FinTech ,
Lenders ,
Loan Servicing ,
Mortgage Loan Originators ,
Mortgage Servicers ,
Payday Loans ,
Prepaid Payment Products ,
SCOTUS ,
Settlement ,
Small Dollar Lenders ,
Student Loans ,
TCPA ,
TransUnion LLC v Ramirez
Restrictions on telemarketing to Florida residents are about to get tighter. Just a few months ago, in Facebook, Inc. v. Duguid, 592 U.S. ___ (2021), the U.S. Supreme Court ruled that for the purposes of the Telephone...more
7/28/2021
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
Facebook Inc v Duguid ,
Prior Express Consent ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Written Consent
Financial Services, Healthcare, and Technology sector clients — and any company that places non-marketing calls or text communications to customers by automated means — should pay close attention to two new FCC orders from...more
1/15/2021
/ ATDS ,
Auto-Dialed Calls ,
Call Blocking ,
Cell Phones ,
FCC ,
Opt-Outs ,
Prior Express Consent ,
Robocalling ,
Section 8 ,
TCPA ,
Telecommunications ,
Text Messages ,
TRACED Act
The cannabis industry is growing rapidly and so too are lawsuits against industry participants. One of the fast-emerging litigation threats is claims against cannabis companies for violation of the federal Telephone Consumer...more
On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in ACA International v. FCC, invalidating several key pieces of the FCC’s 2015 Telephone Consumer Protection Act (TCPA)...more
3/20/2018
/ Auto-Dialed Calls ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Opt-Outs ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Smartphones ,
TCPA ,
Telemarketing ,
Wireless Devices
On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in ACA International v. FCC, invalidating several key pieces of the FCC’s 2015 Telephone Consumer Protection Act (TCPA)...more
In 2015, the consumer financial services industry continued to face increasing pressure, from regulators and government enforcement activity, and ever-more creative litigation tactics. In order to stay competitive—and to...more
2/24/2016
/ Auto Lease ,
Consumer Financial Products ,
Corporate Counsel ,
Credit Cards ,
Debt Collection ,
Lending ,
Loans ,
Mortgage Servicers ,
Payday Loans ,
Popular ,
Student Loans ,
TCPA ,
TILA-RESPA Integrated Disclosure Rule (TRID)
The Federal Communications Commission (FCC) recently issued a citation to First National Bank Corporation (FNB) under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, for engaging in telemarketing practices with...more
9/21/2015
/ Apple ,
Apple Pay ,
Auto-Dialed Calls ,
Citations ,
Consumer Lenders ,
FCC ,
First National ,
Prior Express Consent ,
TCPA ,
Telemarketing ,
Text Messages ,
User Agreements