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Telemarketing Telecommunications

Troutman Pepper

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

12 Days of Regulatory Insights: Day 2 – AI Under Scrutiny — Regulatory Oversight Podcast

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In the second episode of our special 12 Days of Regulatory Insights podcast series, Cole White, a member of Troutman Pepper's Regulatory Investigation, Strategy, and Enforcement (RISE) practice group, is joined by colleagues...more

Troutman Pepper

FCC Announces Effective Date for One-to-One Consent Rule

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Late last year, we discussed the Federal Communications Commission’s (FCC) new rule aimed at closing the “lead generator” loophole by requiring telemarketers to obtain one-to-one consent from consumers for robocalls and...more

Troutman Pepper

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?

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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

Bradley Arant Boult Cummings LLP

Navigating Claims Under the Florida Telephone Solicitation Act and Florida Telemarketing Act

A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The...more

Troutman Pepper

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

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

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

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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

Effective Dates Announced for Amendments to TCPA Rules

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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

Wiley Rein LLP

#MWC24 Highlights Collaborative Efforts to Stop Illegal Robocalls and Messages

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On Tuesday, October 8, CTIA hosted the ConnectMobile Forum as part of this year’s Mobile World Congress in Las Vegas. The event brought together stakeholders from the messaging and voice ecosystems to discuss consumer...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

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

Troutman Pepper

Telemarketer Fees to Access the National Do Not Call Registry to Increase

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On August 27, the Federal Trade Commission (FTC) announced an update to the fees telemarketers must pay to access phone numbers on the National Do Not Call (DNC) Registry for the fiscal year 2025. The revised fees will take...more

Brownstein Hyatt Farber Schreck

FCC Proposes New AI-Generated Robocall Rules

On Aug. 7, the Federal Communications Commission (FCC) voted to propose new rules to require callers to disclose if they are using artificial intelligence (AI) in robocalls and robotexts. If adopted, the new rules would set...more

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