On June 20, 2025, the U.S. Supreme Court released a landmark opinion in McLaughlin Chiropractic Associates, Inc., v. McKesson Corp., further reshaping the scope of judicial review of agency action. ...more
6/27/2025
/ Administrative Procedure Act ,
Class Action ,
Consent ,
Faxes ,
FCC ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Prior Express Consent ,
Robocalling ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications
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 January 2024, the FCC adopted a Report and Order that closed the so-called “lead generator loophole,” and also included a number of new consent-related requirements....more
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
The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise...more
2/23/2024
/ Artificial Intelligence ,
Cell Phones ,
Comment Period ,
Consent ,
Declaratory Rulings ,
Do Not Call List ,
FCC ,
Lead Generators ,
Natural Language Processing ,
New Rules ,
NPRM ,
Prior Express Consent ,
Revocation ,
TCPA ,
Totality of Circumstances Test
On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it...more
1/4/2024
/ Call Blocking ,
Comment Period ,
Do Not Call List ,
Email ,
Enforcement Authority ,
FCC ,
Lead Generators ,
NPRM ,
Opt-In ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Text Messages
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
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
The FCC recently released a Declaratory Ruling with new clarifications for schools and utilities on autodialed calls and texts and pre-recorded/artificial voice calling under the Telephone Consumer Protection Act ("TCPA") for...more