News & Analysis as of

Telephone Consumer Protection Act Telecommunications Telemarketing

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

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

Locke Lord LLP

New Year, New One-To-One TCPA Consent Requirements for Telemarketers

Locke Lord LLP on

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?

Polsinelli on

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

Troutman Pepper Locke 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

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

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

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

Troutman Pepper Locke

Effective Dates Announced for Amendments to TCPA Rules

Troutman Pepper Locke on

The Federal Communications Commission (FCC) has announced new effective dates for amendments to rules under the Telephone Consumer Protection Act (TCPA) aimed at strengthening consumer protections against robocalls and...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

Troutman Pepper Locke

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

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In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more

Klein Moynihan Turco LLP

What Constitutes A TCPA Solicitation?

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more

Perkins Coie

FCC Proposes New Rules for AI-Generated Content in Calls and Texts

Perkins Coie on

The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more

Amundsen Davis LLC

One Reason Why You May Want to Revisit Your Outreach To Customers, Clients and Contacts

Amundsen Davis LLC on

The speed and ease at which companies can communicate with their customers or clients continues to improve. Cool, new tech platforms are being pushed out at a rapid pace and business development, sales and marketing teams see...more

Robinson+Cole Data Privacy + Security Insider

FCC Considers Updates to Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) has not been updated in over 30 years. The Federal Communications Commission (FCC) has been asked by Congress to take “decisive action in addressing the escalating issue of...more

Wiley Rein LLP

FCC Proposes New Rules for AI-Generated Calls and Texts

Wiley Rein LLP on

On July 17, 2024, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM) that would, among other things, propose new rules to regulate AI-generated calls and...more

Klein Moynihan Turco LLP

FCC Proposal Regarding Use Of AI In Telemarketing

With the use of artificial intelligence (“AI”) becoming more widespread across almost all aspects of life, the FCC has taken several steps to regulate its use in the telemarketing space. As our readers are aware, earlier this...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

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