News & Analysis as of

Prior Express Consent Cell Phones

Brownstein Hyatt Farber Schreck

FCC Announces Effective Date for New Revocation of Consent Order

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

Sheppard Mullin Richter & Hampton LLP

AI-Generated Voice Calls: New Tech, Old Rules

The FCC reminded companies this month that calls containing “artificial or prerecorded voices” are regulated by TCPA. And, that the FCC considers AI-generated voices to be just the kind of “artificial” that fall within the...more

Womble Bond Dickinson

FCC Adopts New TCPA Rules Expanding Consumer Consent Revocation Mandates

Womble Bond Dickinson on

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

Faegre Drinker Biddle & Reath LLP

Ninth Circuit “Voices” Its Rejection of Plaintiff’s Attempt to Expand TCPA

The Ninth Circuit recently rejected the argument that a text message qualifies as an “artificial or prerecorded voice” under the TCPA.  See Trim v. Reward Zone USA LLC, 2023 WL 5025264, 2023 U.S. App. LEXIS 20445 (9th Cir....more

Venable LLP

FCC Levies $5 Million Fine for Political Calling Campaign That Violated the TCPA

Venable LLP on

As part of a broader campaign to go after “robocall” violations, the Federal Communications Commission (FCC) has announced a $5,134,500 fine against a company and its owners for making 1,141 robocalls in 2020 that violated...more

Kelley Drye & Warren LLP

TCPA Tracker - February and March 2023

RECENT NEWS - FCC Issues Report and Order Aimed at Unlawful Texting - On February 23, 2023, the FCC issued a Report and Order (the “Order”) which took aim at unlawful texting, marking the first time the FCC has taken...more

Venable LLP

North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections

Venable LLP on

Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more

Goodwin

FCC Confirms “Ringless Voicemails” Are Subject to the TCPA

Goodwin on

On November 21, 2022, the Federal Communications Commission (FCC) released an order concerning “ringless voicemails” and the Telephone Consumer Protection Act (TCPA). In this ruling, the FCC confirmed that the delivery of...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - December 2022

Kelley Drye & Warren LLP on

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - July 2022

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

Goodwin

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers...

Goodwin on

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2021

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

Wiley Rein LLP

FCC Proposes New Robocall Mitigation Regulations on Gateway Providers

Wiley Rein LLP on

At the September 30, 2021 Open Meeting, the Federal Communications Commission (FCC or Commission) adopted a Fifth Further Notice of Proposing Rulemaking (FNPRM) that proposes additional regulatory requirements on the gateway...more

Womble Bond Dickinson

Company Using Predictive Dialer Prevails in Post-Facebook Decision

Womble Bond Dickinson on

A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer. In Grome v. USAA Savings Bank, No. 4:19-CV-3080, 2021 WL 3883713 (D....more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - April 2021

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

Benesch

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Benesch on

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2020

Kelley Drye & Warren LLP on

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

Kilpatrick

TCPA Class Actions – District Court Declares TCPA Robocalling Restriction Unconstitutional From 2015 to 2020

Kilpatrick on

Takeaway: Most commentators (including this one) interpreted the U.S. Supreme Court’s fractured plurality opinion in Barr v. Am. Ass’n of Political Consultants, Inc, 140 S. Ct. 2335, 2343 (2020) (“AAPC”), as invalidating the...more

Kelley Drye & Warren LLP

No Incentives For Class Plaintiffs in Eleventh Circuit

Last week, a panel from the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir.) reversed in part, and vacated in part, a class action settlement that would have resolved allegations that NPAS violated...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - August 2020

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - July 2020

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

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - May 2020

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

Faegre Drinker Biddle & Reath LLP

11th Circuit Holds that Consumers Cannot Unilaterally Revoke Contractual Consent to Automated Calls

The Eleventh Circuit recently affirmed the district court’s summary judgment ruling that a defendant’s calls did not violate the Telephone Consumer Protection Act (“TCPA”) because consumers cannot unilaterally revoke consent...more

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