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New TCPA Rules: Revoking Consent to Robocalls and Robotexts

On February 15, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). The adopted Report and Order and Further Notice of...more

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more

Pennsylvania Federal Court Declines to Dismiss Case Involving Political Message Allowing TCPA Claim Based on Prerecorded Message...

In Perrong v. Bradford et al, the plaintiff alleged that the defendant, an elected official, violated the Telephone Consumer Protection Act (TCPA) by calling his residential phone using a prerecorded message and an automatic...more

Ninth Circuit Affirms Dismissal of TCPA Case Involving Text Messages Holding “Prerecorded Voice Messages” Require Audible...

On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more

FCC Proposes New Rules for Revocation under the TCPA

On June 29, 2023, the Federal Communications Commission (FCC or Commission) issued a notice of proposed rulemaking clarifying how consumers may revoke consent to receive calls or texts under the Telephone Consumer Protection...more

Florida State Court Holds Mere Statutory Violation Not Enough to Confer Standing Under TCPA

On May 10, Florida’s Third District Court of Appeal issued an opinion in Pet Supermarket, Inc. v. Eldridge, holding that the plaintiff and putative class representative lacked standing to pursue his class action lawsuit under...more

FCC Cracks Down on Texting Scams and Robocalls

On March 16, the Federal Communications Commission (FCC) adopted its first set of regulations targeting what is perceived as the increasing problem of scam text messages sent to consumers. The first rule requires mobile...more

Consumer Advocates Respond to DentalPlans’s FCC Petition Regarding Membership Renewal Calls

As the Federal Communications Commission (FCC) considers whether DentalPlans.com’s (DentalPlans) plan renewal calls constitute telemarketing under the Telephone Consumer Protection Act (TCPA), multiple interested parties,...more

Amended TCPA Exemptions Rule Published

As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule specifying that to be exempt from the Telephone Consumer Protection Act’s (TCPA) consent requirements callers would be limited to...more

2/3/2023  /  FCC , Robocalling , TCPA , Telecommunications

FCC Issues Mixed-Bag Amended TCPA Exemptions Order

As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule in December 2020 that would place new call-frequency limitations and opt-out requirements on certain prerecorded...more

Dental Plan Provider Petitions FCC for Clarification Regarding Renewal Calls

On January 3, DentalPlans.com (DentalPlans) filed a petition with the Federal Communications Commission (FCC) seeking a declaratory ruling that: (1) renewal notifications do not constitute telemarketing or advertising under...more

FCC Opens Call Spoofing Complaint Portal to Private Entities

The Federal Communications Commission (FCC) announced Tuesday that it has opened a new portal which private companies can use to report suspected robocalls and illegal call spoofing of their numbers. The portal, titled the...more

12/26/2022  /  FCC , Robocalling , Spoofing , Telecommunications

Ninth Circuit Reaffirms Borden Interpretation of ATDS

Do the text messages that Facebook sends to your phone with birthday reminders violate the Telephone Consumer Protection Act (TCPA)? According to the Ninth Circuit in a recent decision, the answer is no because users provided...more

FCC Rules Ringless Voicemails Require Consent

On November 21, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order finding that companies must obtain consent before sending a “ringless voicemail” to a consumer’s phone because it constitutes a...more

11/23/2022  /  ATDS , FCC , Robocalling , TCPA , Telecommunications , Voicemail

Ninth Circuit Reverses Dismissal of Lawsuit Challenging Unwanted Business Texts Holding TCPA Protection Extends to Business...

On October 12, the Ninth Circuit issued a decision, reversing the dismissal of a lawsuit on the grounds that the Telephone Consumer Protection Act (TCPA) does not extend to unwanted business texts. In Chennette v. Porch.com,...more

Anti-Robocall Litigation Task Force Targets Facilitators of Foreign Illegal Robocalls

Escalating efforts to crack down on illegal robocalls, state attorneys general announced on August 2 that they have established a nationwide Anti-Robocall Litigation Task Force. The task force comprises attorneys general from...more

President Biden Calls on Rosenworcel as Acting FCC Chair

President Biden’s pattern of selecting strong consumer advocates for executive branch leadership positions continued last Thursday, when he appointed current Federal Communications Commissioner Jessica Rosenworcel to serve as...more

FCC Holds Calls About Free Clinical Pharmaceutical Trials Are Not “Advertising” Under the TCPA

On January 15, in response to a petition from Acurian seeking clarification on the non-commercial purpose exemption, the FCC held that prerecorded calls to residential phone numbers seeking participants for FDA-mandated...more

1/25/2021  /  Advertising , Clinical Trials , FCC , TCPA

Government Contractors Are People Too: FCC Revises TCPA Definition of "Person"

On December 14, the Federal Communications Commission (FCC) ruled that federal and state contractors are “persons” subject to the terms of the Telephone Consumer Protection Act (TCPA). Citing privacy concerns, the order...more

FCC Issues Order Confirming that Manual Dialing Means a System is not an ATDS; Wades Into the Random or Sequential Debate

The Federal Communications Commission (FCC) issued a noteworthy order on June 25, 2020, in its continuing interpretation of the Telephone Consumer Protection Act (TCPA). In its order, the FCC confirmed many courts’ existing...more

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