FCC, TCPA, Corporate Counsel

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

Shipkevich PLLC on 7/17/2024

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

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on 12/15/2023

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.” ...more

Use of Artificial Intelligence in Calling Activity Presents TCPA Compliance Considerations

Manatt, Phelps & Phillips, LLP on 8/25/2023

Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more

FCC Declares Ringless Voicemails Are Subject to TCPA’s Robocall Restrictions

Bradley Arant Boult Cummings LLP on 12/2/2022

In a recently issued ruling, the Federal Communications Commission (FCC) declared that “ringless voicemails” are “calls” subject to the requirements of the Telephone Consumer Protection Act (TCPA). Ringless voicemail...more

Ninth Circuit Reverses Dismissal of Lawsuit Challenging Unwanted Business Texts Holding TCPA Protection Extends to Business...

Troutman Pepper on 10/18/2022

On October 12, the Ninth Circuit issued a decision, reversing the dismissal of a lawsuit on the grounds that the Telephone Consumer Protection Act (TCPA) does not extend to unwanted business texts. In Chennette v. Porch.com,...more

Anti-Robocall Litigation Task Force Targets Facilitators of Foreign Illegal Robocalls

Troutman Pepper on 8/8/2022

Escalating efforts to crack down on illegal robocalls, state attorneys general announced on August 2 that they have established a nationwide Anti-Robocall Litigation Task Force. The task force comprises attorneys general from...more

The Evolving Telephone Consumer Protection Act Landscape Post-Duguid

Skadden, Arps, Slate, Meagher & Flom LLP on 4/29/2022

Key Points Telephone Consumer Protection Act (TCPA) litigation continues to pose significant risks to businesses that use calls, texts and faxes to engage with consumers. The U.S. Supreme Court’s unanimous decision in...more

Request to Stop Text Messages Trumps Emergency Exception

Manatt, Phelps & Phillips, LLP on 3/31/2022

A plaintiff’s request to stop sending text messages trumps the “emergency purposes” exception to mandated consent under the Telephone Consumer Protection Act (TCPA), a Florida federal court recently ruled. Linda Farhat sued...more

Where the Buck Stops in TCPA Suits: Not With the Company, But With Controlling Director, Says Court

Troutman Pepper on 1/3/2022

Companies are not the only ones with exposure in consumer protection suits, as a defendant company’s director was reminded earlier this month in Zoppi v. Proform Trading LLC, No. 2:21-cv-2307 (D.N.J. Dec. 9, 2021). There, the...more

Frequent TCPA flyer is grounded: Federal judge denies class certification due to representative’s deceptive practices

Eversheds Sutherland (US) LLP on 12/9/2021

A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more

TCPA FCC Petitions Tracker - September 2021

Kelley Drye & Warren LLP on 10/1/2021

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

FCC TCPA Actions Mid-Year Review

Faegre Drinker Biddle & Reath LLP on 8/12/2021

After adopting orders reflecting the majority of implementation deadlines set by the TRACED Act and the Supreme Court’s highly anticipated TCPA decision interpreting the statutory definition of automatic telephone dialing...more

The Supreme Court’s Landmark Decision in Facebook v. Duguid: Top Takeaways and Issues to Watch

Manatt, Phelps & Phillips, LLP on 4/12/2021

On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or autodialer) under...more

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Benesch on 2/25/2021

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more

District Court Dismisses Ex-Attorney and TCPA Serial Litigant’s Claims with Prejudice

Faegre Drinker Biddle & Reath LLP on 1/19/2021

On January 6, 2021, the District of Maryland dismissed a TCPA claim (and a derivative claim under Maryland’s MDTPCA) against Discount Power, Inc. (“Discount”). See Worsham v. Discount Power, Inc., No. 20-0008, 2021 WL 50922...more

Dialing In: TCPA Top 5 Issues for 2021

Eversheds Sutherland (US) LLP on 1/13/2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

The FCC Reverses Course—Finds Government Contractors Subject to the TCPA

Brownstein Hyatt Farber Schreck on 12/16/2020

The Telephone Consumer Protection Act (TCPA) bars certain types of automated calls without first obtaining the consent of the called party. Indeed, with uncapped statutory damages, the TCPA is a staple of the plaintiff’s bar,...more

FCC Proposed Rulemaking Presents an Opportunity to Reshape Some Existing TCPA Exemptions

Faegre Drinker Biddle & Reath LLP on 10/7/2020

Over the years, one of the biggest challenges many businesses face when assessing TCPA risks posed by a new calling or texting campaign has been determining whether the proposed use case can defensibly rely on one of the...more

Sixth Circuit Holds That Stored-Number Systems Meet the TCPA’s Definition of an Autodialer, Deepening Circuit Split to be...

Kelley Drye & Warren LLP on 8/5/2020

It has been more than two years since the D.C. Circuit found the Federal Communications Commission’s (the “FCC”) discussion of predictive dialers and other equipment alleged to be an automatic telephone dialing system...more

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