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The Evolution of Informed Consent in U.S. Courts
In January 2024, the FCC adopted a Report and Order that closed the so-called “lead generator loophole,” and also included a number of new consent-related requirements....more
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
On January 27, 2025 (the “Effective Date”), the Federal Communications Commission’s (“FCC”) “1:1” consent rule for telemarketing texts and auto-dialed, i.e., robocalls and robotexts will go into effect (the “Final Rule”). The...more
Early this week, the Federal Communications Commission (FCC) announced it had fined the largest U.S. wireless carriers for sharing access to customers’ geolocation information without consent and without taking reasonable...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
The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise...more
Is a phone call that uses artificial intelligence to imitate a real person “an artificial or prerecorded voice,” subject to the restrictions of the Telephone Consumer Protection Act? The Federal Communications Commission...more
On February 8, 2024, the Federal Communications Commission (FCC) issued a News Release titled “FCC Makes AI-Generated Voices in Robocalls Illegal.” Despite this attention-grabbing headline, the FCC’s unanimous Declaratory...more
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be...more
The FCC has adopted a Notice of Proposed Rulemaking proposing to further tighten and to codify in its rules various Commission declaratory rulings on TCPA consent requirements that are applicable to autodialed calls and...more
On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking...more
Last week, the Federal Communication Commission’s (“FCC”) Consumer and Governmental Affairs Bureau (“Bureau”) resolved two of the many pending petitions seeking relief and clarification concerning the requirements of the...more
Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more
Nearly two and a half years following the appeal of the Federal Communications Commission’s (FCC) July 2015 Order, the U.S. Court of Appeals for the District of Columbia issued a ruling on March 16, 2018. On appeal, over a...more
In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more
In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more
Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more
Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer...more
One of the hot issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. A number of courts have recently held that a consumer...more