News & Analysis as of

Opt-Outs Telephone Consumer Protection Act Auto-Dialed Calls

Klein Moynihan Turco LLP

DNC Opt-Out Leaves Junkyard Singing the Blues

On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call (“DNC”) opt-out requests in...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

Hudson Cook, LLP

FCC Continues to Roll Out TCPA Changes and Interpretations

Hudson Cook, LLP on

On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more

Hinch Newman LLP

FCC Announces Final Rule Reflecting Changes to TCPA Revocation of Consent

Hinch Newman LLP on

On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more

WilmerHale

FCC Adopts New Robocall and Robotext Consent Rules Under TCPA

WilmerHale on

On February 15, the Federal Communications Commission (FCC or “the Commission”) adopted a Report and Order and Further Notice of Proposed Rulemaking (“the Order”) pursuant to the Telephone Consumer Protection Act (TCPA) that...more

BCLP

New TCPA Opt-out Rules Coming as FCC Adopts Report and Order on Revocation of Consent

BCLP on

On February 15, 2024, the Federal Communications Commission (“FCC”) adopted the Draft Report and Order and Further Notice of Proposed Rulemaking (“Report and Order”) that it released last month under the Telephone Consumer...more

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

Goodwin on

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

Manatt, Phelps & Phillips, LLP

One Business Day After ‘STOP’ Text Not Enough For Suit

A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined....more

Troutman Pepper

FCC Issues Mixed-Bag Amended TCPA Exemptions Order

Troutman Pepper on

As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule in December 2020 that would place new call-frequency limitations and opt-out requirements on certain prerecorded...more

Wiley Rein LLP

New TCPA Rules For Some “Exempt” Calls Will Go Into Effect on July 20, 2023

Wiley Rein LLP on

On January 20, 2023, the Federal Communication Commission (FCC or Commission) announced the long-awaited effective date of new requirements for certain calls that are otherwise exempt from the Telephone Consumer Protection...more

McGlinchey Stafford

Two TCPA Updates That Auto Finance Companies Need To Know

McGlinchey Stafford on

The Telephone Consumer Protection Act (TCPA), and the barrage of litigation that stems from its various interpretations, is always in the news. In fact, there is so much change that it’s often hard for a casual follower to...more

Goodwin

FCC’S Year-End TCPA Orders Place New Limitations on Automated & Prerecorded Calls

Goodwin on

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

Womble Bond Dickinson

FCC Issues Call Volume and Opt-Out Rules for Calls Exempted From TCPA’s Consent Requirements

Womble Bond Dickinson on

Over the years, the FCC has established a number of exemptions to the TCPA’s prohibition on unconsented autodialed and pre-recorded or artificial voice calls. Last year, Congress directed the FCC under the TRACED Act to...more

Wiley Rein LLP

TCPA Update: FCC Imposes New Call Limits and Opt-Out Requirements

Wiley Rein LLP on

On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...more

Manatt, Phelps & Phillips, LLP

FCC Issues Declaratory Ruling and Order in Anthem, Inc.

On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more

Eversheds Sutherland (US) LLP

TCPA industry focus - Energy and utility industry

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

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

ArentFox Schiff

Bank Seeks Common Sense TCPA Clarification on Opt-Out Confirmation Texts

ArentFox Schiff on

The Federal Communications Commission requests comment on whether companies can send follow-up messages to clarify the scope of a consumer’s opt-out without violating the TCPA. ...more

Kelley Drye & Warren LLP

TCPA Tracker - November 2019

Kelley Drye & Warren LLP on

Recent News - Petition Seeks Clarification of Text-Message Opt-out Confirmation Messages - On November 1, 2019, Capital One Services, LLC (“Capital One”), a financial services company, filed a petition for declaratory...more

Kelley Drye & Warren LLP

TCPA Tracker - June 2019

Recent News - FCC Adopts Declaratory Ruling on Call Blocking and FNPRM on SHAKEN/STIR - On June 6, 2019, the FCC adopted a declaratory ruling that allows carriers to block on an opt-out basis calls that spoof...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - June 2019

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Davis Wright Tremaine LLP

FCC Greenlights Opt-Out Call Blocking of Illegal “Robocalls” Under Carrier-Defined Criteria, After Adding Protection for Lawful...

Commission Also Proposes to Mandate “SHAKEN/STIR” Caller ID Authentication If Major Voice Service Providers Fail to Voluntarily Adopt By Year-End - The Federal Communications Commission (FCC) has taken its most...more

Faegre Drinker Biddle & Reath LLP

FCC Adopts Controversial Declaratory Ruling Encouraging “Call Blocking By Default”

Voice service providers soon may dictate which calls will reach you. The FCC honed in on “unwanted calls” when it voted at its Open Meeting yesterday to adopt a Declaratory Ruling and Third Further Proposed Rulemaking (the...more

Brownstein Hyatt Farber Schreck

Expanding the Ability of Phone Companies to Block Calls

In its ongoing efforts to tackle the proliferation of illegal or unwanted “robocalls,” the FCC has released a draft order that would authorize all providers of voice services to offer to their customers call blocking as a...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker March 2019

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

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