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FCC issues final rule on revocation of consent for robocalls and robotexts

The Federal Communications Commission (FCC) has issued a final rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to add new provisions addressing how consumers may revoke consent to...more

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

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

Ninth Circuit panel follows circuit precedent on TCPA autodialer definition but concurring judge takes issue with precedent

A Ninth Circuit panel affirmed the district court’s dismissal with prejudice of a class action complaint in which the plaintiff alleged that Meta Platforms, Inc. (Meta) violated the Telephone Consumer Protection Act (TCPA) by...more

Oklahoma Governor signs bill limiting use of automated dialing systems

On May 20, Oklahoma Governor Kevin Stitt signed into law House Bill No. 3168 which imposes new limits on the use of automated dialing systems.  The new law, titled the “Telephone Solicitation Act of 2022” (Act), takes effect...more

FCC Chair Proposes Ruling Declaring Ringless Voicemails Subject to TCPA Autodialer Prohibition

Although several court decisions have held that ringless voicemails to a consumer’s cell phone constitute “calls” subject to the Telephone Consumer Protection Act (TCPA) autodialer prohibition, the Federal Communications...more

Oklahoma bill introduced to limit use of automated dialing systems

A bill was recently introduced in the Oklahoma legislature that would impose new limits on the use of automated dialing systems. If enacted, the bill would become effective November 1, 2022....more

Sixth Circuit widens circuit split over TCPA autodialer definition

In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (“ATDS”)...more

Ninth Circuit rules TCPA prior express consent for autodialed calls must come from current subscriber, not intended recipient

The U.S. Court of Appeals for the Ninth Circuit has joined the Seventh and Eleventh Circuits in ruling that the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed calls to cellular...more

Eleventh Circuit holds TCPA does not permit unilateral revocation of contractual consent

The U.S. Court of Appeals for the Eleventh Circuit held last week, in Medley v. DISH Network, LLC, that the Telephone Consumer Protection Act (TCPA) does not allow a consumer to unilaterally revoke consent to receive...more

Banking Trade Groups File Petition With FCC For Ruling On Scope Of TCPA Emergency Purposes Exception

A group of banking trade associations have filed a “Petition for Expedited Declaratory Ruling, Clarification, or Waiver” with the FCC regarding how the Telephone Communication Protection Act’s “emergency purposes” exception...more

Second Circuit adopts broad TCPA autodialer definition

A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit, in Duran v. La Boom Disco, Inc., handed a win to the plaintiffs’ bar by holding that the Telephone Consumer Protection Act’s (TCPA) statutory...more

FCC seeks comment on petition requesting ruling on TCPA’s application to opt-out confirmation text messages

The FCC has issued a notice announcing that it is seeking comment on a petition filed by Capital One Services, LLC (Capital One) that asks the FCC to issue a declaratory ruling to confirm that the recipient of an opt-out...more

11th Circuit Splits From Ninth Circuit on Text Message-Based TCPA Claims

In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more

FCC votes to approve call blocking declaratory ruling and adopts NPRM on caller ID authentication

The FCC announced that it has approved the declaratory ruling previously circulated by Chairman Pai that would allow voice service providers to start offering default call-blocking programs that are based on reasonable...more

FCC’s call blocking plans could create problems for collections

Plans announced on May 15 by the FCC to empower voice service providers to offer more aggressive call-blocking programs could create significant problems for creditors and debt collectors. ...more

Second Circuit Holds Receipt of Unwanted Text Messages, Even Without Other Alleged Harm, Confers Standing for TCPA Claims

Joining similar decisions from the U.S. Courts of Appeals for the Third and Ninth Circuits, the Second Circuit held in Melito v. Experian Marketing Solutions, Inc., that the receipt of unwanted text messages, even without any...more

FCC seeks comments on TCPA autodialer definition following Ninth Circuit Marks decision

The Federal Communications Commission (FCC) has issued a notice asking for comment on what constitutes an automatic telephone dialing system (ATDS) under the TCPA following the Ninth Circuit’s September 20, 2018 decision in...more

Ninth Circuit Accepts Broad Definition of ATDS

A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday handed the plaintiffs’ bar a resounding win. ...more

FCC Cannot Require Opt-Out Notice on "Solicited" Fax Ads, D.C. Circuit Holds

The FCC's 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on solicited fax advertisements, the U.S. Court of Appeals for the District of Columbia Circuit has held in a 2-1 ruling....more

Modernize TCPA, ACA International Urges in White Paper

In a new white paper, ACA International, a trade association for members of the credit and collection industry, argues that the Telephone Consumer Protection Act (TCPA) must be modernized to accurately reflect the current...more

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

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