In yet a third setback for the FCC since the Supreme Court’s Loper Bright opinion eliminating Chevron deference, the 11th Circuit last Friday in Insurance Marketing Coalition Limited v. FCC, vacated two TCPA consent...more
1/30/2025
/ Auto-Dialed Calls ,
Chevron Deference ,
Consent ,
Consumer Protection Laws ,
Enforcement Actions ,
FCC ,
Lead Generators ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Unfair or Deceptive Trade Practices
In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)...more
Aligning itself with three other federal appellate courts, the Second Circuit recently made clear in Soliman v. Subway Franchisee Adver. Fund Trust, Ltd., No. 22-1726-cv, 2024 U.S. App. LEXIS 11417 (2d Cir. May 10, 2024),...more
The FCC has adopted a Notice of Inquiry seeking public comment on the use of evolving AI technologies in robocall and robotext campaigns, potential consumer impacts, and associated issues surrounding TCPA compliance and the...more
11/27/2023
/ Analytics ,
Artificial Intelligence ,
Auto-Dialed Calls ,
Comment Period ,
Compliance ,
Facebook Inc v Duguid ,
FCC ,
Public Comment ,
Robocalling ,
TCPA ,
Text Messages
Following the recent Ninth Circuit decision in Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), see previous post, where the court held that SMS messages that lack any audible component are...more
The FCC has adopted a Notice of Proposed Rulemaking proposing to further tighten and to codify in its rules various Commission declaratory rulings on TCPA consent requirements that are applicable to autodialed calls and...more
Ever wonder why you may be advised to scrub lists for reassigned numbers or use the FCC’s Reassigned Number Database prior to texting or calling numbers from a database? Well, here’s a great practical example. ...more
The FCC is expected to consider two items at its December 12, 2018 open meeting that will be of significant interest to TCPAland. Ok, don’t get too excited. Decision on the ACA public notice is not on the agenda, but we’re...more
In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile...more
7/4/2017
/ Appeals ,
Auto-Dialed Calls ,
Automotive Loans ,
Declaratory Rulings ,
FCC ,
Popular ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing
The FCC’s Consumer and Governmental Affairs Bureau recently denied a petition from the Mortgage Bankers Association for an exemption from the prior express consent requirement for autodialed calls and texts to wireless...more