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Opt-Outs Telephone Consumer Protection Act Prior Express Consent

BCLP

New TCPA Opt-out Rules Coming as FCC Adopts Report and Order on Revocation of Consent

BCLP on

On February 15, 2024, the Federal Communications Commission (“FCC”) adopted the Draft Report and Order and Further Notice of Proposed Rulemaking (“Report and Order”) that it released last month under the Telephone Consumer...more

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

Goodwin on

Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more

Venable LLP

Citing Upcoming Elections, FCC Extends TCPA to Cover AI-Generated Content

Venable LLP on

Is a phone call that uses artificial intelligence to imitate a real person “an artificial or prerecorded voice,” subject to the restrictions of the Telephone Consumer Protection Act? The Federal Communications Commission...more

Eversheds Sutherland (US) LLP

“FCC Makes AI-Generated Voices in Robocalls Illegal” (Sometimes)

On February 8, 2024, the Federal Communications Commission (FCC) issued a News Release titled “FCC Makes AI-Generated Voices in Robocalls Illegal.” Despite this attention-grabbing headline, the FCC’s unanimous Declaratory...more

Davis Wright Tremaine LLP

FCC Declares AI Robocalls Subject to Federal Telemarketing Regulation

Only a week after issuing a statement calling for the regulation of robocalls featuring voices generated by artificial intelligence, the Federal Communications Commission (FCC) adopted a Declaratory Ruling confirming that...more

Faegre Drinker Biddle & Reath LLP

FCC Acts on Pending Reconsideration Petitions of its 2020 TCPA Exemptions Order

The Telephone Consumer Protection Act of 1991 (TCPA) restricts many types of calls to residential and wireless telephone numbers if they are made without the prior express consent of the called party or a statutory exemption...more

Goodwin

FCC’S Year-End TCPA Orders Place New Limitations on Automated & Prerecorded Calls

Goodwin on

Financial Services, Healthcare, and Technology sector clients — and any company that places non-marketing calls or text communications to customers by automated means — should pay close attention to two new FCC orders from...more

Manatt, Phelps & Phillips, LLP

FCC Issues Declaratory Ruling and Order in Anthem, Inc.

On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more

Benesch

TCPA Fax Class Action Doomed: Fax Number on Business Card Constitutes Consent

Benesch on

Since the enactment of the Telephone Consumer Protection Act (“TCPA”), the FCC has long held that persons who knowingly and voluntarily release their telephone numbers have provided prior express consent to be called. But...more

Rumberger | Kirk

Is Text Marketing Your Recipe for Success Or Your Company’s Downfall?

Rumberger | Kirk on

Text-marketing (or SMS marketing) can be an essential tool for many small businesses. For a small price, any company can send bulk messages to hundreds of phone numbers of existing and potential customers. Originally...more

Eversheds Sutherland (US) LLP

TCPA industry focus - Energy and utility industry

Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

Womble Bond Dickinson

FCC Seeks Comments Whether Opt-Out Follow-Up Texts Violate TCPA

Womble Bond Dickinson on

The FCC issued a Public Notice seeking comments on whether companies sending text messages can send a follow-up text message to clarify the scope of an opt-out request without violating the TCPA....more

Kelley Drye & Warren LLP

TCPA Tracker - November 2019

Kelley Drye & Warren LLP on

Recent News - Petition Seeks Clarification of Text-Message Opt-out Confirmation Messages - On November 1, 2019, Capital One Services, LLC (“Capital One”), a financial services company, filed a petition for declaratory...more

Womble Bond Dickinson

CCPA Creates Possible Dilemmas for Companies Sending Text Messages. Is Your Business Ready?

Womble Bond Dickinson on

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Kelley Drye & Warren LLP

TCPA Tracker - June 2019

Recent News - FCC Adopts Declaratory Ruling on Call Blocking and FNPRM on SHAKEN/STIR - On June 6, 2019, the FCC adopted a declaratory ruling that allows carriers to block on an opt-out basis calls that spoof...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - June 2019

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

Brownstein Hyatt Farber Schreck

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues....more

Womble Bond Dickinson

Courts Says Ralph Lauren Should Have Designed a Better Text Message Marketing Program

Womble Bond Dickinson on

A decision earlier this month out of the Northern District of Illinois provides important cautionary tales for companies sending marketing text messages, as well as text messaging platform providers. Defendants Ralph Lauren...more

Mintz

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

Mintz on

FCC Seeks Comment on Petition Requesting Clarification - On March 7, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice seeking comment on a Petition for Expedited Clarification or Declaratory...more

Womble Bond Dickinson

Bais Yaakov Strikes Again: Nonprofit May Be Fax "Sender" Despite Not Sending Fax

Womble Bond Dickinson on

As we’ve recently highlighted, the FCC is currently seeking industry comment on how it should interpret the term “sender” for purposes of imposing liability for faxes sent in violation of the TCPA. Until the agency releases...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker March 2019

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

Womble Bond Dickinson

FCC Seeks Comments on Definition of “Sender” Under Junk Fax Rules by April 8, 2019

Womble Bond Dickinson on

On February 26, 2019, the law firm Akin Gump Strauss Hauer & Feld LLP (“Akin Gump”) filed a petition (“Petition”) with the Federal Communications Commission (“Commission”) requesting that the Commission “expeditiously...more

Eversheds Sutherland (US) LLP

TCPA best practices - Top five do-not-call list (DNC) compliance tips

Meeting the requirements of federal and state Do-Not-Call laws (DNC) is a key component of telemarketing compliance. The National Do-Not-Call Registry is a national database that permits consumers to register their telephone...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker February 2019

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

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