On January 24, 2025, three days before the Federal Communications Commission's new Telephone Consumer Protection Act "one-to-one" consent standard was due to take effect, the FCC issued an order postponing the standard's...more
On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more
4/4/2024
/ Amended Regulation ,
Artificial Intelligence ,
Auto-Dialed Calls ,
Compliance ,
Consent ,
Do Not Call List ,
FCC ,
OMB ,
Opt-Outs ,
Regulatory Standards ,
Revocation ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Wireless Industry
I hope that many of you were able to power down during the holidays before ramping up again to start 2023. The FCC, however, maintained a busy pace of announcements, releasing news on several issues regarding the Telephone...more
The Telephone Consumer Protection Act creates a seemingly endless list of compliance challenges and other headaches for companies determined to mitigate the financial cost and resource burden of TCPA litigation. This year...more
On April 1, 2021, the U.S. Supreme Court announced its decision in Facebook, Inc. v. Duguid, adopting the narrow "autodialer" standard under the Telephone Consumer Protection Act that Facebook favored. The unanimous opinion...more
Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more
8/5/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Certiorari ,
Constitutional Challenges ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
FCC ,
Free Speech ,
Petition for Writ of Certiorari ,
Prior Express Consent ,
Private Right of Action ,
SCOTUS ,
Split of Authority ,
Statutory Damages ,
TCPA ,
Text Messages
Congress enacted the Telephone Consumer Protection Act in 1992 to regulate how people communicate by phone and fax. The TCPA gave the Federal Communications Commission regulatory authority to issue rules expanding on the...more
7/3/2019
/ Administrative Orders ,
Appellate Courts ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes
The Telephone Consumer Protection Act is notorious. It establishes rigorous consent standards to use an autodialer or a prerecorded message. It gives consumers a private right of action. It imposes ruinous statutory damages....more