News & Analysis as of

Telephone Consumer Protection Act Robocalling Revocation

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — FCC Confirms TCPA Bars AI-Generated Voices, Adopts New Consent...

Commission Declares TCPA Prohibits AI-Generated Voices - Following up on January’s update, the Federal Communications Commission (FCC) issued a Declaratory Ruling that confirms that the prohibitions in the Telephone...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

Lerman Senter PLLC

FCC Updates TCPA Rules for Revocation of Consent

Lerman Senter PLLC on

The FCC adopted a Report and Order and Further Notice of Proposed Rulemaking codifying existing revocation of consent requirements and establishing new opt-out rules under the Telephone Consumer Protection Act (TCPA). The...more

Faegre Drinker Biddle & Reath LLP

Maryland District Court Opinion Explores Complexities of TCPA Consent and Revocation

In the recent opinion of Smith v. ExamWorks, LLC, No. 21-2746, 2024 WL 622102 (D. Md. 2024), the District of Maryland analyzed the nuances of consent and revocation under the TCPA....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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — FCC Floats Proposals on Consumer Consent and AI-Generated Voices,...

On January 25, 2024, the Federal Communications Commission (“Commission”) released a draft Report and Order and Further Notice of Proposed Rulemaking (“Further Notice”) for consideration at its February 15, 2024, Open...more

Kelley Drye & Warren LLP

Reminder: Federal Communications Commission – July and August Filings

Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends.  Please review the deadlines below and contact us if you would like assistance or have...more

Manatt, Phelps & Phillips, LLP

FCC Proposes Revocation Rules

The Federal Communications Commission (FCC) has published a new Notice of Proposed Rulemaking (NPRM) focused on the issue of revocation, seeking “to clarify and strengthen consumers’ ability to revoke consent to receive both...more

Kelley Drye & Warren LLP

TCPA Tracker - May 2023

CASES OF NOTE - FCC Sheds Light on Significant TCPA Consent Changes in Notice of Proposed Rulemaking - The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA,...more

Lerman Senter PLLC

FCC Proposes Changes and Clarifications for Robocall/Robotext Rules

Lerman Senter PLLC on

The FCC is asking for comments on proposed changes and clarifications to its robocall and robotext requirements for grant and revocation of consumer consents. Revocation of Consent. The FCC wants its current opt-out and...more

Brownstein Hyatt Farber Schreck

FCC Updates Rules on Consumers Revoking Consent for Calls and Texts

The Telephone Consumer Protection Act (“TCPA”) and implementing rules by the Federal Communications Commission (“Commission”) bar many types of calls or texts without first having obtained the consent of the called party....more

Faegre Drinker Biddle & Reath LLP

More TCPA Calling and Texting Restrictions Proposed by the FCC

At the Federal Communication Commission’s (“FCC”) June 8 Open Meeting, the Commissioners voted to adopt a new Notice of Proposed Rulemaking (“Notice”) designed to clarify and expand upon the ability of consumers to decide...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

Faegre Drinker Biddle & Reath LLP

Timing Is Everything in Eleventh Circuit’s Renewed Consent Case

The Eleventh Circuit recently affirmed the entry of summary judgment in favor of a student loan servicer and its affiliate, finding that their nearly 2,000 calls did not violate the TCPA because the plaintiff had renewed his...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker: October 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

Womble Bond Dickinson

Attorney’s “Gotcha” Strategy Rejected in TCPA Revocation Case

Womble Bond Dickinson on

The TCPA allows consumers to revoke consent “through any reasonable means.” A recent case out of the Eastern District of California provides new guidance on what is not considered reasonable. In Wright v. USAA Sav. Bank,...more

Faegre Drinker Biddle & Reath LLP

U.S. Financial Institutions Petition FCC to Exclude Their Informational Calls from TCPA Liability During the COVID-19 Pandemic

On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more

King & Spalding

Third Circuit Affirms Judgment in Favor of Serial TCPA Litigant Due to Defendant’s Failure to Respond to Request for Admission

King & Spalding on

On March 3, the Third Circuit upheld the Eastern District of Pennsylvania’s judgment in favor of a repeat player in TCPA litigation, concluding that the plaintiff had standing to sue because the calls in question went to his...more

Manatt, Phelps & Phillips, LLP

The TCPA and Healthcare: Consent, Exemptions and Risk Mitigation

Editor’s Note: The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...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

Faegre Drinker Biddle & Reath LLP

TCPA Class Allegations Stricken Due to “Unique Defenses Peculiar to Plaintiff’s Case”

The Northern District of Illinois recently clarified that a “revocation class” that defines a putative class as those having made “a request to stop calling [their] number” does not satisfy Rule 23(b)(3)’s predominance...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - July 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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