Readers may recall that in February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to...more
4/14/2025
/ Consent ,
FCC ,
Financial Institutions ,
New Regulations ,
Regulatory Requirements ,
Revocation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Waivers
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
In February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that...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 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 February 2, the FCC unanimously adopted a declaratory ruling, effective immediately, confirming the seemingly unremarkable conclusion that artificial intelligence (“AI”) generated messages or voice calls fall within the...more
2/15/2024
/ Artificial Intelligence ,
Cease and Desist ,
Clones ,
Declaratory Rulings ,
Deep Fake ,
Enforcement Actions ,
FCC ,
Robocalling ,
Spoofing ,
TCPA ,
Unsolicited Phone Calls
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 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
As we previously reported, California enacted the Nation’s toughest net neutrality law, SB 822, seeking to restore the Obama-era Net Neutrality rules, which were repealed by the current FCC in an order released earlier this...more
Who ever said parenting isn’t tough? Just ask the Kentucky father who brought a TCPA action against Credit One for allegedly calling his mobile number hundreds of time after his daughter defaulted on her credit card bill....more
In a Press Release earlier this week, FCC Chairman Pai gave his blessing to a report of the North American Numbering Council on “SHAKEN/STIR”, an industry-developed set of protocols and operational procedures for the...more
We all get them. Repeated marketing calls to our mobile and home phones with the incoming phone number altered to make it appear that it’s a local call, when in fact, the call is from a robo-scammer using IP technology to...more
7/5/2017
/ Citations ,
Civil Monetary Penalty ,
Consumer Fraud ,
Enforcement Actions ,
False Statements ,
FCC ,
Misleading Statements ,
Notice of Apparent Liability (NAL) ,
Robocalling ,
Spoofing ,
TCPA ,
Telemarketing ,
Truth in Caller ID Act of 2009 (TICIDA)
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