In one of its final decisions in 2025, the U.S. Supreme Court curtailed the authority of the Federal Communications Commission (FCC) in interpreting the Telephone Consumer Protection Act (TCPA), signaling a broader...more
6/30/2025
/ Appeals ,
Chevron Deference ,
Enforcement Actions ,
Government Agencies ,
Hobbs Act ,
Judicial Authority ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Regulatory Agencies ,
SCOTUS ,
Statutory Interpretation ,
TCPA
Federal district courts in Virginia, Texas, and Nevada have recently dismissed a series of lawsuits brought under the Telephone Consumer Protection Act (TCPA), finding that plaintiffs failed to show how the defendants were...more
5/12/2025
/ Class Action ,
Consumer Protection Laws ,
Do Not Call List ,
Insurance Industry ,
Liability ,
Litigation Strategies ,
Motion to Dismiss ,
Robocalling ,
TCPA ,
Telemarketing ,
Unsolicited Phone Calls
The Federal Communications Commission’s (“FCC” or the “Commission”) recently adopted a new Opt-Out Rule under the Telephone Consumer Protection Act (“TCPA”), which will take effect on April 11, 2025. Currently, the TCPA...more
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
7/17/2024
/ Article III ,
Auto-Dialed Calls ,
Automated Systems ,
Corporate Counsel ,
Dismissals ,
Do Not Call List ,
Enforcement ,
FCC ,
Lead Generators ,
New Legislation ,
Standing ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Written Consent
On May 15, 2024, the 2nd Circuit Court of Appeals dismissed a class action lawsuit against Subway for alleged Telephone Consumer Protection Act (“TCPA”) violations. See Soliman v. Subway Franchisee Advert. Fund Tr., LTD. The...more
As a reminder, on July 20, 2023, the following revisions, among others, will come into effect regarding the TCPA. One of the essential changes to the TCPA regulations is that residential telephone subscribers will now have...more
“This is far from Plaintiff Na’eem Betz’s first rodeo. A frequent pro se filer, he brings this TCPA action against Synchrony Bank for allegedly calling him over 80 times using an autodialer and pre-recorded message,” stated...more
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
2/10/2023
/ Administrative Reconsideration ,
Amended Rules ,
Auto-Dialed Calls ,
Do Not Call List ,
Exemptions ,
FCC ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
TRACED Act
On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more
On November 18, 2022, the United States District Court for the Northern District of California ruled that text messages sent by a “chatbot” do not constitute an artificial or prerecorded voice, per the federal Telephone...more
On November 2, 2022, the U.S. District Court for the Middle District of Florida held, sua sponte, that a plaintiff did not have standing to bring a class action suit alleging a TCPA violation. The February 9, 2022 complaint...more
September 2022 Action Clarifies Only Random Calls Trigger TCPA Violations — Not Mere Use of An Autodialer -
Mehl v. Green, et al. 2022 WL 4056269 (E.D. Cal. Sept. 2, 2022) - A law firm was recently sued after one of its...more
10/17/2022
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consumer Privacy Rights ,
FCC ,
New Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Robocalling ,
Standing ,
TCPA ,
Telecommunications
Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA). This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA...more
With its inception by Congress in 1991, the federal Telephone Consumer Protection Act (TCPA) is an attempt by Congress to exert greater protection over consumers from receiving unsolicited telemarketing. The TCPA was signed...more