News & Analysis as of

Telephone Consumer Protection Act Declaratory Rulings

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's February 2024 Round-up

The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more

Mayer Brown

FCC Declares Authority and Intent to Regulate AI-Generated Calls under the TCPA

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On February 8, the Federal Communications Commission (“FCC” or “Commission”) unanimously adopted a Declaratory Ruling (“Ruling”) stating that calls made with AI-generated voices are “artificial” under the Telephone Consumer...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

Pillsbury Winthrop Shaw Pittman LLP

Congress and the FCC Seek to Protect Americans from Robocalls and Robotexts Using AI-Generated Content

In the wake of an AI-generated robocall that featured a deepfake of President Biden’s voice, the Federal Communications Commission unanimously adopted a Declaratory Ruling confirming that calls that use cloned voices or other...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

Womble Bond Dickinson

FCC Adopts Declaratory Ruling Confirming AI Voice Calls are Subject to TCPA, Takes Enforcement Action Against Provider Allegedly...

Womble Bond Dickinson on

On February 2, the FCC unanimously adopted a declaratory ruling, effective immediately, confirming the seemingly unremarkable conclusion that artificial intelligence (“AI”) generated messages or voice calls fall within the...more

Venable LLP

FCC Clarifies TCPA Rules to Affirmatively Restrict Use of AI-Generated Calls

Venable LLP on

Moving at rapid speed, the Federal Communications Commission (FCC) has just announced its unanimous adoption of a new Declaratory Ruling finding that voice calls using artificial intelligence (AI)-generated voices fall under...more

Akin Gump Strauss Hauer & Feld LLP

FCC Ruling on AI-Generated Robocalls Reflects Focus on Artificial Intelligence

The FCC released a declaratory ruling on February 8, taking action to make AI-generated robocalls illegal. The declaratory ruling follows the attempted disruption of the New Hampshire Democratic presidential primary by...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

BCLP

Fourth Circuit Holds Faxes Received Online Not Subject to TCPA

BCLP on

A fax is a fax is a fax… or is it? In a recent ruling in the long-running TCPA junk fax case Career Counseling, Inc. v. AmeriFactors Financial Group, the Fourth Circuit Court of Appeals held that the statute’s prohibition...more

Benesch

Seventh Circuit Throws FCC “Guidance” In Trashcan

Benesch on

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

Hudson Cook, LLP

FCC Acting on Multiple Fronts to Maintain TCPA's Relevance

Hudson Cook, LLP on

I hope that many of you were able to power down during the holidays before ramping up again to start 2023. The FCC, however, maintained a busy pace of announcements, releasing news on several issues regarding the Telephone...more

Kelley Drye & Warren LLP

TCPA Tracker - January 2023

RECENT NEWS - FCC Clarifies Ability of Government Agencies and Their Contractors to Make Medicaid Calls - On January 23rd, the FCC released a Declaratory Ruling and Order confirming that federal and state governmental...more

Troutman Pepper

Dental Plan Provider Petitions FCC for Clarification Regarding Renewal Calls

Troutman Pepper on

On January 3, DentalPlans.com (DentalPlans) filed a petition with the Federal Communications Commission (FCC) seeking a declaratory ruling that: (1) renewal notifications do not constitute telemarketing or advertising under...more

Venable LLP

FCC Clarifies Express Written Consent Requirement for Exempt Callers under TCPA and TRACED Act

Venable LLP on

On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling clarifying the express consent requirements for calls placed to residential landlines under the...more

Faegre Drinker Biddle & Reath LLP

FCC Acts on Pending Reconsideration Petitions of its 2020 TCPA Exemptions Order

The Telephone Consumer Protection Act of 1991 (TCPA) restricts many types of calls to residential and wireless telephone numbers if they are made without the prior express consent of the called party or a statutory exemption...more

Manatt, Phelps & Phillips, LLP

FCC: Ringless Voicemails Are ‘Calls’ for TCPA Purposes

Though there has been some debate in the courts on this front, the Federal Communications Commission (FCC or Commission) clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers...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 Tracker November 2022

Kelley Drye & Warren LLP on

RECENT NEWS - Consumer Consent Required to Send “Ringless Voicemails,” FCC Finds - The Federal Communications Commission ("FCC"), in a recent Declaratory Ruling and Order, stated that callers must obtain consumer...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

Eversheds Sutherland (US) LLP

You have one new message: FCC finds ringless voicemails are subject to the TCPA

In a unanimous Declaratory Ruling and Order (Order) issued on November 21, 2022, the Federal Communications Commission (FCC) found that a “ringless voicemail,” which delivers a message directly to a consumer’s voicemail,...more

Shipkevich PLLC

FCC Rules Ringless Voicemails Fall Under TCPA and Require Consumer Consent

Shipkevich PLLC on

On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more

Faegre Drinker Biddle & Reath LLP

FCC Releases Declaratory Ruling Addressing the TCPA Compliance Status of Ringless Voicemails

On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (Declaratory Ruling), in which it determined that “ringless voicemail” to wireless phones requires prior consumer...more

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