News & Analysis as of

Telephone Consumer Protection Act Telecommunications Enforcement Actions

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

BREAKING: THEY DID IT!!: SCOTUS Guts the Hobbs Act! District Courts Free to Disregard FCC TCPA Rulings in Civil Enforcement...

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Supreme Court just handed down the widely-watched decision in McLaughlin Chriopractric v. McKesson. Held: The Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a...more

Troutman Pepper Locke

Supreme Court Rules Hobbs Act Does Not Bind District Courts to Agency Interpretations

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In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more

Troutman Amin LLP

ITS HERE: The First of a Wave of New “Keyword Avoider” SMS Opt Out TCPA Class Actions Has Been Filed And TCPAWorld Will Never Be...

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An attorney named Jeff Lohman recently narrowly escaped a jury verdict against him on a RICO claim arising out of allegations he had manufactured TCPA claims by encouraging clients to use vague opt out language during phone...more

Troutman Amin LLP

TCPA CLASS ACTIONS CONTINUE TO SKYROCKET!!: TCPA Class Action Filings DOUBLE in April, 2025 And That’s Not All…

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Well as TCPAWorld.com readers know well the TCPA class actions continue to pour in. Previously we reported TCPA class action filings were up over 100% YoY through March, 2025....more

Cozen O'Connor

AGs Secure Contempt Ruling Against Robocaller for Allegedly Violating Prior Court Order

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A bipartisan coalition of seven AGs obtained an order from a federal district court holding John Spiller in contempt for allegedly continuing to engage in illegal robocalling in violation of a stipulated order that limited...more

DarrowEverett LLP

AI Meets TCPA: Navigating Business Compliance Risks in Phone Communications

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As artificial intelligence continues to transform business communications, companies will continue to face significant—and in some cases, increased—legal risks under the Telephone Consumer Protection Act (TCPA) when choosing...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Eleventh Circuit Challenge Dead

One-to-One Consent 11th Circuit Challenge Dead - As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more

Cozen O'Connor

Bipartisan AG Task Force Wants to Hang Up on Illegal Robocalls

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The bipartisan Anti-Robocall Multistate Litigation Task Force—consisting of 51 AGs—issued warning letters to nine Voice over Internet Protocol (VoIP) providers that they may be transmitting illegal robocall traffic in...more

Benesch

Time of Day TCPA Cases Inundate the Federal Docket

Benesch on

The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more

Klein Moynihan Turco LLP

Do Not Disturb: Observe Telemarketing Hours!

Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...more

Buchalter

One Florida Firm is Targeting Ecommerce Brands With TCPA Class Actions Claiming That Promotional Text Messages Sent Outside of...

Buchalter on

In 2024, a single firm in Florida started targeting social media users with an ad campaign claiming that any promotional text message sent outside the hours of 8am and 9pm violates the Telephone Consumer Protection Act. This...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — February 2025

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 the FCC’s...more

Klein Moynihan Turco LLP

Autodialer TCPA Claim

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more

Klein Moynihan Turco LLP

Do You Need Help With TCR Registration?

If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

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On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Strikes Down One-to-One Consent Rule

On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule. Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 9 the Eleventh Circuit ruled that the FCC...more

Wiley Rein LLP

FCC Proposes First of its Kind $4.5 Million Penalty on Voice Provider for Alleged Know-Your-Customer Failures

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On February 4, 2025, the Federal Communications Commission (FCC or Commission) released a Notice of Apparent Liability for Forfeiture (NAL) against voice service provider Telnyx LLC (Telnyx) for alleged violations of the...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Eleventh Circuit Knocks Out One-to-One Consent

Just one business day before the FCC’s one-to-one consent rule was set to go into effect, the rule became no more following the Eleventh Circuit’s decision in Insurance Marketing Coalition v. FCC....more

Womble Bond Dickinson

Loper Blight: 11th Circuit Vacates FCC Lead Generator “One-to-One” and “Logically/Topically Related” Consent Provisions

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In yet a third setback for the FCC since the Supreme Court’s Loper Bright opinion eliminating Chevron deference, the 11th Circuit last Friday in Insurance Marketing Coalition Limited v. FCC, vacated two TCPA consent...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

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On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Eversheds Sutherland (US) LLP

Eleventh hour reprieve: Eleventh Circuit vacates FCC 1:1 consent rule on eve of enforcement date

Late on Friday, January 24, 2025, much to the relief of lead generators and their customers across the country, the US Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) so-called...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

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There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Wiley Rein LLP

UPDATE: 11th Circuit Vacates FCC’s One-to-One TCPA Consent Rule

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While Monday was the original compliance deadline for the Federal Communications Commission’s (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision...more

Troutman Pepper Locke

Eleventh Circuit Vacates FCC’s One-to-One Consent Rule; FCC Issues Stay

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In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more

Hinch Newman LLP

FCC Postpones Effective Date of TCPA One-to-One Consent Rule Before it is Vacated by the Eleventh Circuit

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On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more

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