News & Analysis as of

Prior Express Consent Text Messages

Womble Bond Dickinson

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

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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

Klein Moynihan Turco LLP

Are Law Firms Susceptible to TCPA ATDS Claims?

On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National...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

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

Manatt, Phelps & Phillips, LLP

Eye Exam Reminders May Violate TCPA

Reminders about the need for an eye exam do not always fall within the health care provider exemption of the Telephone Consumer Protection Act (TCPA) regulations, a federal court in Florida recently held....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

Orrick, Herrington & Sutcliffe LLP

District Court says defendant violated TCPA written consent requirement

On June 6, the U.S. District Court for the District of Maryland held that the prerecorded telemarking calls placed by a health insurance provider and its affiliated marketing company required prior written consent from...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

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

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

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

Womble Bond Dickinson

Coalition of State Attorney Generals Take Position on AI in Telemarketing

Womble Bond Dickinson on

On November 17, 2023, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI), inviting public feedback on the implications of artificial intelligence (AI) on unsolicited and illicit phone calls and text...more

Kelley Drye & Warren LLP

Calling and Texting Regulations Tightening: FCC Adopts 1:1 TCPA Consent and Do-Not-Text Rules

At its last open meeting of 2023, the FCC voted to adopt new rules ​“to protect consumers from unwanted and illegal text messages and calls.” Among the changes are a new ​“one-to-one” consent requirement for autodialed...more

Cooley LLP

FCC Adopts New TCPA Rules for Lead-Generated Communications

Cooley LLP on

Marketers that solicit sales or advertise products or services using “robocalls” or “robotexts” (i.e., calls or texts that are initiated using an “automatic telephone dialing system” or voice calls made using an artificial or...more

Womble Bond Dickinson

FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and “Red Flag” Text Blocking Rules, and Seeks...

Womble Bond Dickinson on

On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it...more

Locke Lord LLP

New FCC Rules for Lead Generation ‎Under the TCPA

Locke Lord LLP on

At its December 13, 2023 meeting, 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...more

BCLP

Not to be a Grinch, but...is Your Business TCPA Compliant? (With Apologies to Dr. Seuss)

BCLP on

Does your business use text message marketing, telemarketing or faxing? If so, you may be exposing yourself to multi-million dollar liability under the Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Manatt, Phelps & Phillips, LLP

FCC’s Second Report and Order Will Leave Lead Generation Industry in Limbo

On November 22, the FCC issued a Second Report and Order with sweeping implications for the lead generation industry. The FCC has tentatively scheduled the issue for a vote during its December 13, 2023 open meeting....more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

DarrowEverett LLP on

Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Hinch Newman LLP

Lead Generation Industry Turned Upside Down: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time

Hinch Newman LLP on

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

Troutman Pepper

Wisconsin Federal Court Finds that DNC Provision Extends to Text Messages

Troutman Pepper on

On September 21, the Eastern District of Wisconsin denied a motion to partially dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (TCPA), holding that the Do Not Call provision of...more

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