News & Analysis as of

Telephone Consumer Protection Act Telecommunications

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Sheppard Mullin Richter & Hampton LLP

Federal Court of Appeals Considers Challenge to FCC’s One-to-One Consent Rule

On December 18, the U.S. Court of Appeals for the Eleventh Circuit heard arguments in Insurance Marketing Coalition Limited (“IMC”) v. Federal Communications Commission, which was brought by the marketing trade association to...more

Troutman Pepper Locke

Eleventh Circuit Judges Question FCC’s One-to-One Consent Rule

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On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more

Sheppard Mullin Richter & Hampton LLP

FCC’s One-To-One Consent Rule Takes Effect in January

For those who send marketing texts, keep in mind the FCC one-to-one consent rule update. It has been getting some publicity, and takes effect January 27, 2025. As most are aware, TCPA requires getting consent before sending...more

Kelley Drye & Warren LLP

TCPA Tracker for October - November 2024

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Supreme Court Agrees to Hear TCPA Case - On October 4, 2024, the United States Supreme Court granted certiorari and agreed to hear arguments in McLaughlin Chiropractic Associates, Inc. v. Mckesson Corp. In doing so, the...more

Klein Moynihan Turco LLP

One-to-One Consent Rule Oral Argument Goes Well For Industry

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The Federal Communications Commission’s (“FCC”) one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit heard oral argument this week over a challenge to the...more

Sheppard Mullin Richter & Hampton LLP

FCC Cracks Down: Are You Ready for the Robocall Mitigation Compliance Blitz?

As automated “robocalls” continue to plague consumers, the Federal Communications Commission (“FCC”) is intensifying enforcement of robocall mitigation compliance....more

Klein Moynihan Turco LLP

Prerecorded Voice Claims Must be Factually Supported

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On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — November 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover an FCC...more

Orrick, Herrington & Sutcliffe LLP

FCC updates the TCPA for opt-out requests

Recently, the FCC announced the new rules under the Telephone Consumer Protection Act (TCPA) will take effect on April 11, 2025, making it easier for consumers to revoke consent for unwanted robocalls and robotexts. As...more

Troutman Pepper Locke

New Mexico Federal Court Denies Summary Judgment on Majority of Claims Brought Under the TCPA Over Telemarketing Calls

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Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact...more

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

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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?

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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

Troutman Pepper Locke

Effective Date Announced for New TCPA Rules on Consent Revocation

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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

TCPA Text Lawsuits Are a Dangerous Play!

On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — FCC Sets Effective Date for Calling and Texting Consent Rules, Takes...

Earlier this year, the Federal Communications Commission (FCC) adopted a series of rules clarifying and imposing a number of calling and texting compliance obligations related to consumer consent revocation requests under the...more

Ballard Spahr LLP

FCC sets April 15 as effective date for new robocall rules

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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)

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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

Troutman Pepper Locke

North Carolina AG Sues Timeshare Company for Unsolicited Robocalling

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On October 18, North Carolina Attorney General (AG) Josh Stein filed a complaint against timeshare company Club Exploria, LLC, for allegedly using robocall machines to make unsolicited calls to consumers....more

Klein Moynihan Turco LLP

Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action

Klein Moynihan Turco LLP on

On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

Womble Bond Dickinson

TCPA Consent Transfer: SDNY Case Highlights Key Considerations

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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

Troutman Pepper Locke

August 2024 Consumer Litigation Filings: Everything Up for Month and YTD

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According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA) and complaints filed with the...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

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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

Kelley Drye & Warren LLP

TCPA Tracker for August - September 2024

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California Court Dismisses TCPA Claim Because Job Recruitment Offers Do Not Qualify as Solicitations Under the TCPA - The District Court for the Central District of California dismissed Plaintiff Dustin Anderson’s TCPA...more

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