News & Analysis as of

Telephone Consumer Protection Act Prior Express Consent Exemptions

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

FCC Amends TCPA Rules Effective July 20, 2023

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On January 23, 2023, the Federal Communications Commission (FCC) announced an important change to its rules regarding calls to residential numbers that are currently exempt from the Telephone Consumer Protection Act (TCPA)....more

Venable LLP

FCC Clarifies Express Written Consent Requirement for Exempt Callers under TCPA and TRACED Act

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On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling clarifying the express consent requirements for calls placed to residential landlines under the...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

Faegre Drinker Biddle & Reath LLP

Some Clinical Trial Calls Now Eligible for the FCC’s Revised TCPA Exemption

The TRACED Act’s December 30, 2020 deadline was not the end of the FCC’s recent series of actions to bring more clarity to certain forms of TCPA exemptions. Most recently, on January 15, 2021, the FCC issued a Declaratory...more

Goodwin

U.S. Cannabis Companies Texting & Calling Customers are Growing Targets of Telephone Consumer Protection Act Lawsuits

Goodwin on

The cannabis industry is growing rapidly and so too are lawsuits against industry participants. One of the fast-emerging litigation threats is claims against cannabis companies for violation of the federal Telephone Consumer...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Faegre Drinker Biddle & Reath LLP

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

In the span of fifteen days, TCPA defendants in two separate cases asked the U.S. Supreme Court to review two distinct but interwoven Ninth Circuit decisions on the constitutionality of the TCPA. Specifically, Facebook, Inc....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

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

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

Womble Bond Dickinson

FROM THE MAILBAG: The Czar Answers TCPAland Questions About Timing of Revocation/Recycled Number Requests, Healthcare Exemption

Womble Bond Dickinson on

NOT LEGAL ADVICE, NOT LEGAL ADVICE, NOT LEGAL ADVICE–DON’T RELY ON THIS–CONSULT AN ATTORNEY - Every once in a while we get some questions from our loyal readers. Thought I’d take a minute and provide a few answers where I...more

Dorsey & Whitney LLP

Healthcare Message Exempt under the TCPA’s Implementing Regulations

Dorsey & Whitney LLP on

The Dorsey Health Law blog team attempts to keep readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups for ideas...more

Bass, Berry & Sims PLC

TCPA Exemptions for Healthcare Companies

Bass, Berry & Sims PLC on

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more

Womble Bond Dickinson

“Flu Shots Available”: Court Finds that These Three Little Words Are Within the Scope of Consent Provided to Receive Texts Related...

Womble Bond Dickinson on

In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them that...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker August 2018

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker July 2018

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

Facing the Music: Consent Granted When Consumer Voluntarily Provides Phone Number Limited by “Transactional Context”

Womble Bond Dickinson on

The prior express consent granted when a consumer voluntarily provides their phone number has its limits.  The recent ruling denying summary judgment in Walintukan v. SBE Entm’t Grp. LLC 2018 U.S. Dist. LEXIS 88036 (N.D. Cal....more

Womble Bond Dickinson

TCPALand After Dark: FCC Seeks Comment on Two Obscure TCPA Petitions that Could Change Everything

Womble Bond Dickinson on

The FCC is up to something. As we’ve now thoroughly reported, the FCC is seeking public comment on the scope and architecture of the TCPA following the ACA Int’l petition. Those who listen to our podcast know that the...more

Womble Bond Dickinson

*7 Wars: FCC Considers Key Punch Revocation in Effort to Stop Robocalls

Womble Bond Dickinson on

As we reported here recently, the FCC is seeking public comment on a number of key issues impacting the scope of the Telephone Consumer Protection Act (“TCPA”). One issue of profound significance to be addressed by the FCC,...more

Jones Day

Federal Court Dismisses TCPA Class Action Against Charitable Organizations, Insurance Company

Jones Day on

The Situation: A federal court recently considered the application of the exemption for charities under the Telephone Consumer Protection Act ("TCPA") in a case that also involved a for-profit defendant. The Result: The...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker April 2018

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

Dechert LLP

DC Circuit shuts down effort to limit TCPA liability for communicating health information

Dechert LLP on

The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more

Dorsey & Whitney LLP

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

Dorsey & Whitney LLP on

On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l“) that...more

Dorsey & Whitney LLP

Autodialer Junction, What’s Your Function? D.C. Circuit Reverses FCC’s Internally Inconsistent Interpretations of ATDS...

Dorsey & Whitney LLP on

The D.C. Circuit’s reversal of the Federal Communications Commission’s (“FCC” or “Commission”) pronouncements as to “the precise functions that a device must have capacity to perform for it to be considered an ATDS,” will...more

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

McDermott Will & Emery on

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

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