On February 15, 2024, the Federal Communications Commission (FCC) published a Report and Order (Order) that attempts to clarify the rules for revoking consent under the Telephone Consumer Protection Act (TCPA). Most notably,...more
Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more
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
Eversheds Sutherland presents periodic updates to inform companies entering or already established in the US market about newly enacted rules or trends that may be traps for the unwary. The purpose of these updates is to...more
The Federal Communications Commission (FCC) has adopted new rules that will limit businesses’ ability to rely on lead generators and comparison shopping websites to attract new customers. In an Order issued December 13, 2023,...more
The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more
10/5/2023
/ Amended Legislation ,
Auto-Dialed Calls ,
Do Not Call List ,
FCC ,
New Legislation ,
Private Right of Action ,
Robocalling ,
State and Local Government ,
Statutory Penalties ,
TCPA ,
Telemarketing
On May 25, 2023, Florida Governor Ron DeSantis signed a significant amendment to the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), sometimes referred to as the Florida mini-Telephone Consumer Protection Act...more
In a flurry of activity at its meeting on March 16, 2023, the Federal Communications Commission (FCC), finalized rules aimed at robocaller identification and mobile carrier requirements, and proposed a new rule for comment...more
Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more
In early 2021, the United States Supreme Court issued its ruling in Facebook v. Duguid, 141 S. Ct. 1163 (2021), which significantly narrowed the definition of an automatic telephone dialing system (ATDS or auto-dialer) under...more
In a unanimous Declaratory Ruling and Order (Order) issued on November 21, 2022, the Federal Communications Commission (FCC) found that a “ringless voicemail,” which delivers a message directly to a consumer’s voicemail,...more
Citibank’s balance sheet is likely breathing a sigh of relief. A Second Circuit panel held that the bank may finally recoup nearly $500 million in funds that it inadvertently wired to lenders almost two years ago. US...more
Recent legislation in California may increase legal costs, make settlements more difficult, and risk confidential business information being released to the public. The Public Right to Know Act of 2022 seeks to prohibit...more
5/25/2022
/ Compliance ,
Contract Terms ,
Enforcement ,
Environmental Violations ,
Hazardous Substances ,
New Legislation ,
Product Defects ,
Rebuttable Presumptions ,
Right To Know ,
Settlement Agreements ,
State Bar Associations
A statutory “safe harbor” within the Telephone Consumer Protection Act (TCPA) may have become a bit safer after a federal court reinforced what defendants must do to secure statutory protection from high-dollar TCPA lawsuits....more
On January 27, 2022, the United States Court of Appeals for the Second Circuit issued a decision in United States v. Connolly, overturning the 2018 fraud convictions of two former traders at a large financial institution. A...more
2/4/2022
/ Appeals ,
Bank Fraud ,
British Bankers' Association ,
Criminal Convictions ,
Department of Justice (DOJ) ,
False Statements ,
Fraud ,
Libor ,
Misleading Statements ,
Reversal ,
UK ,
Wire Fraud
On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more
1/7/2022
/ CFTC ,
Commodity Exchange Act (CEA) ,
Compliance ,
Corporate Fines ,
Department of Justice (DOJ) ,
Discovery ,
Electronic Communications ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Instant Messaging Apps ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
WhatsApp ,
White Collar Crimes
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
12/9/2021
/ Auto-Dialed Calls ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Do Not Call List ,
FCC ,
Private Right of Action ,
Putative Class Actions ,
TCPA ,
Text Messages
The Telephone Consumer Protection Act (TCPA) poses a constant threat to companies that wish to communicate with existing and prospective customers because the statute imposes strict liability on companies that call or text...more
12/6/2021
/ Auto-Dialed Calls ,
Databases ,
Do Not Call List ,
Due Diligence ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications ,
Telemarketing ,
Third-Party Service Provider
On October 28, 2021, Deputy Attorney General (Deputy AG) Lisa O. Monaco gave remarks explicitly warning companies that the US Department of Justice (DOJ) intends to increase its efforts and devote additional resources to...more
11/2/2021
/ Compliance ,
Compliance Monitoring ,
Cooperation ,
Corporate Crimes ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Government Investigations ,
Individual Accountability ,
Non-Prosecution Agreements ,
Policy Statement ,
Professional Misconduct ,
White Collar Crimes ,
Yates Memorandum
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. The Order, breathtaking in scope, asserts as a key goal the desire to improve the lives of consumers through...more
7/21/2021
/ Anti-Competitive ,
Biden Administration ,
Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Agriculture ,
Department of Health and Human Services (HHS) ,
Dodd-Frank ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
FCC ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Insurance Industry ,
Non-Compete Agreements ,
Popular ,
Regulatory Agencies ,
Restrictive Covenants ,
Technology Sector ,
Unfair Labor Practices
In a decision that creates new hurdles for website accessibility lawsuits under the Americans with Disabilities Act (ADA), on April 7, 2021, the US Court of Appeals for the Eleventh Circuit ruled that websites do not...more
4/27/2021
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Public Accommodation ,
Split of Authority ,
TCPA ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
On April 1, 2021, the US Supreme Court issued its long-awaited landmark ruling in Facebook v. Duguid, resolving a Circuit Court split on the definition of an automatic telephone dialing system (ATDS) under the Telephone...more
Supreme Court leaves TCPA intact; strikes down exception for government debt collection -
The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more
3/26/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Caller ID Services ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Free Speech ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
SCOTUS ,
Spoofing ,
TCPA
In what most will find a shocking and unjust ruling, on February 16, 2021, Judge Furman of the United States District Court for the Southern District of New York ruled in In re Citibank August 11, 2020 Wire Transfers that...more
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
1/13/2021
/ Article III ,
Auto-Dialed Calls ,
Biden Administration ,
Corporate Counsel ,
Debt Collection ,
FCC ,
First Amendment ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Third-Party Liability