News & Analysis as of

Prior Express Consent The United States Federal Communications Commission

Orrick, Herrington & Sutcliffe LLP

FCC to change definition of “prior express written consent” in January 2025 to close “lead generator loophole”

Next year, the FCC’s new rules requiring prior written consent for robocalls and robotexts per seller will go into effect thus closing the “lead generator loophole.” Specifically, on January 27, 2025, the FCC’s amendments to...more

Locke Lord LLP

New Year, New One-To-One TCPA Consent Requirements for Telemarketers

Locke Lord LLP on

Last December the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second Report and Order. The new...more

Polsinelli

Are You Ready for the New Telemarketing Lead Generation Rules?

Polsinelli on

In December 2023, the Federal Communications Commission (“FCC”) adopted new rules in an effort to close the “lead generator loophole” it believed existed with respect to consumer consent to receive telemarketing calls and...more

Womble Bond Dickinson

FCC TCPA One-to-One Lead Generator Consent Rule in Effect January 27, 2025

Womble Bond Dickinson on

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

Troutman Pepper

Effective Date Announced for New TCPA Rules on Consent Revocation

Troutman Pepper on

As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more

Ballard Spahr LLP

FCC sets April 15 as effective date for new robocall rules

Ballard Spahr LLP on

The FCC set April 11, 2025 as the effective date for new rules designed to make it easier for consumers to revoke consent for calls and texts subject to the Telephone Consumer Protection Act and requiring callers honor these...more

Vedder Price

TCPA Turnstile: Four Scariest Developments (and a Potential Ray of Light Amid the Fright) (TCPA Update Vol. 19)

Vedder Price on

As we reach the peak of this year’s Spooky Season, we thought it would be helpful to revisit some of the scariest recent developments in the realm of TCPA litigation and compliance. The conventional wisdom is that some of...more

Orrick, Herrington & Sutcliffe LLP

FCC warns gateway provider not to transmit “illegal” robocalls

On October 18, the FCC issued a public notice to all US-based voice service providers regarding a cease and desist letter that it had sent to a “gateway” telecommunications provider instructing it to halt transmission of...more

Womble Bond Dickinson

TCPA Consent Transfer: SDNY Case Highlights Key Considerations

Womble Bond Dickinson on

In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)...more

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

Kelley Drye & Warren LLP

FCC Sets Effective Date for TCPA ​“Reasonable” Consent Revocation Rules

Kelley Drye & Warren LLP on

The Federal Communications Commission has announced that its new Telephone Consumer Protection Act rules related to ​“reasonable” revocation of consent will become effective on April 11, 2025....more

Dickinson Wright

Measures for Businesses to Comply with the FCC’s One-to-One Consent Rule by January 27, 2025

Dickinson Wright on

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

Kelley Drye & Warren LLP

FCC Proposes New TCPA Rules for AI Calls and Texts

On August 7, 2024, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking and Notice of Inquiry related to the use of artificial intelligence in outbound calls and texts. Among the proposed rules...more

Venable LLP

FCC Fines Major Wireless Carriers $200 Million for Sharing Customer Geolocation Data

Venable LLP on

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

Eversheds Sutherland (US) LLP

FCC order codifies rules for revocation under the TCPA

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

Eversheds Sutherland (US) LLP

Redial: 2023 TCPA Year-in-Review

Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...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

Kelley Drye & Warren LLP

FCC Adopts Changes to TCPA Consent Revocation Rules

At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act...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

Fenwick & West LLP

Telemarketing in the Age of AI: The FCC’s Latest Ruling

Fenwick & West LLP on

The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under...more

Ballard Spahr LLP

FCC issues final rule on revocation of consent for robocalls and robotexts

Ballard Spahr LLP on

The Federal Communications Commission (FCC) has issued a final rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to add new provisions addressing how consumers may revoke consent to...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

Venable LLP

Citing Upcoming Elections, FCC Extends TCPA to Cover AI-Generated Content

Venable LLP on

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

Eversheds Sutherland (US) LLP

“FCC Makes AI-Generated Voices in Robocalls Illegal” (Sometimes)

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

Davis Wright Tremaine LLP

FCC Declares AI Robocalls Subject to Federal Telemarketing Regulation

Only a week after issuing a statement calling for the regulation of robocalls featuring voices generated by artificial intelligence, the Federal Communications Commission (FCC) adopted a Declaratory Ruling confirming that...more

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