News & Analysis as of November 17, 2024

Consumer Privacy Rights

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The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +

USTelecom Urges FCC to Reconsider Proposed Anti-Robocall Rules

Troutman Pepper on 9/26/2024

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

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

Wiley Rein LLP on 9/16/2024

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

FCC Proposes New AI-Generated Robocall Rules

Brownstein Hyatt Farber Schreck on 8/19/2024

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

New Bill to Modernize the TCPA Would Significantly Expand Potential Liability

Venable LLP on 2/22/2024

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

FCC Confirms A.I.-Generated Robocall Voices Are “Artificial” under the TCPA

Goodwin on 2/19/2024

Last week, the Federal Communications Commission (FCC) released a Declaratory Ruling stating that existing federal regulations related to using “an artificial or prerecorded voice” to deliver a telephone message, also...more

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

Wilson Sonsini Goodrich & Rosati on 2/14/2024

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

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

Troutman Pepper on 2/9/2024

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

FCC and FTC Announce new AI Calling and Voice Initiatives

Ballard Spahr LLP on 11/22/2023

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

2022 TCPA Recent Recap — Litigation Updates & Regulatory Round Up

Shipkevich PLLC on 10/17/2022

September 2022 Action Clarifies Only Random Calls Trigger TCPA Violations — Not Mere Use of An Autodialer - Mehl v. Green, et al. 2022 WL 4056269 (E.D. Cal. Sept. 2, 2022) - A law firm was recently sued after one of its...more

An Overview of The Federal Telephone Consumer Protection Act (TCPA)

Shipkevich PLLC on 10/5/2022

With its inception by Congress in 1991, the federal Telephone Consumer Protection Act (TCPA) is an attempt by Congress to exert greater protection over consumers from receiving unsolicited telemarketing. The TCPA was signed...more

Eye On Privacy: 2021 Year in Review

Sheppard Mullin Richter & Hampton LLP on 1/12/2022

Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more

Will The Passing Of Justice Ginsburg Impact The Future Of The TCPA?

Jackson Lewis P.C. on 9/30/2020

The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg will likely bring with it many shifts in the Court on key issues, among which are matters regarding the Telephone Consumer Protection Act (TCPA), most imminently –...more

Client Alert: Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk

Neal, Gerber & Eisenberg LLP on 3/4/2020

In recent years, the Telephone Consumer Protection Act (“TCPA”) has been a major source of potential liability for companies that send marketing text messages. ...more

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

Bradley Arant Boult Cummings LLP on 2/5/2020

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Glasser v. Hilton: Citing Principles of Statutory Interpretation, the Eleventh Circuit Drastically Reduces the Scope of TCPA

Burr & Forman on 1/28/2020

The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991. However, since passage of the Act there has been considerable debate...more

TCPA Legislative Update: TRACED and HANGUP Acts Target Robocalls

Mintz on 3/28/2019

In early March, Sens. Ed Markey (D-MA) and Mike Lee (R-UT), along with Rep. Anna Eshoo (D-CA), reintroduced the Help Americans Never Get Unwanted Phone Calls (HANGUP) Act. The legislation would rescind an Obama-era measure,...more

DC Circuit shuts down effort to limit TCPA liability for communicating health information

Dechert LLP on 3/29/2018

The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more

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