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Venable LLP

Telemarketing and Texting

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Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Hulce – The TCPA’S “Free” Pass

With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more

Fisher Phillips

New Robotext and Robocall Rules Coming Online in 2025: What Your Business Needs to Know to Comply

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Businesses that use robocalls or robotexts for marketing purposes will soon need to adjust to new rules that take effect in early 2025. The Federal Communications Commission made several changes to rules under the Telephone...more

Troutman Pepper Locke

Effective Date Announced for New TCPA Rules on Consent Revocation

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As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more

Klein Moynihan Turco LLP

Are Law Firms Susceptible to TCPA ATDS Claims?

On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National...more

Klein Moynihan Turco LLP

Court Rules TCPA Consent Cannot be Transferred

On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury...more

Troutman Pepper Locke

California Federal Court Dismisses TCPA Complaint Finding Recruitment Messages Are Not Solicitations

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In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more

Eversheds Sutherland (US) LLP

Second Circuit adheres to narrow definition of ATDS

On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more

Hudson Cook, LLP

FCC Continues to Roll Out TCPA Changes and Interpretations

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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

Hinch Newman LLP

FCC Announces Final Rule Reflecting Changes to TCPA Revocation of Consent

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On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more

WilmerHale

FCC Adopts New Robocall and Robotext Consent Rules Under TCPA

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On February 15, the Federal Communications Commission (FCC or “the Commission”) adopted a Report and Order and Further Notice of Proposed Rulemaking (“the Order”) pursuant to the Telephone Consumer Protection Act (TCPA) that...more

Troutman Pepper Locke

Bipartisan Group of AGs Issue Warning Letter Over Alleged Election Robocalling

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On February 6, a bipartisan group of 51 attorney general (AG) sent a warning letter to Life Corporation (Life Corp.) for allegedly engaging in an illegal robocall campaign that they claim was intended to deter New Hampshire...more

Troutman Pepper Locke

Pa. Autodialer Decision Has Turned TCPA Tides in 3rd Circ.

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The U.S. Supreme Court's 2021 decision in Facebook Inc. v. Duguid resolved a long-standing circuit split over the definition of an automatic telephone dialing system, or ATDS, under the Telephone Consumer Protection Act. ...more

Troutman Pepper Locke

FCC Closes Lead Generator Loophole by Requiring One-to-One Consent; Proposes Further Regulation of Robocalls/RoboTexts

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On December 13, by a vote of 4-1, the Federal Communications Commission (FCC) adopted new rules aimed at “closing the ‘lead generator’ robocall/robotexts loophole.” Specifically, the rule requires telemarketers to obtain...more

Goodwin

FCC Proposes New, Stricter TCPA Rules That Would Limit Lead Generation to One-Company Consent

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On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more

Eversheds Sutherland (US) LLP

Mini in name only: state “Mini-TCPAs” carry a big bite and present potential oversized risks

The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more

Troutman Pepper Locke

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

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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

Cozen O'Connor

Ninth Circuit Confirms: Text Messages Are NOT “Prerecorded Voice Messages” Under TCPA

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On August 8, 2023, the Ninth Circuit Court of Appeals issued a substantial win for Telephone Consumer Protection Act (TCPA) defendants in a case of first impression styled Trim v. Reward Zone. In the aftermath of Facebook,...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Finds That One Text Can Cause Concrete Harm, Remands for Decision Regarding Whether Minors Can Consent

Ever since the Supreme Court confirmed that the TCPA’s autodialer restrictions apply only to devices that generate numbers randomly or sequentially, the plaintiffs’ bar has been digging deep for new theories of liability to...more

Troutman Pepper Locke

New FCC Requirements for Prerecorded Voice Calls Effective July 20: Is Your Company Prepared to Comply?

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The Federal Communications Commission (FCC) recently amended requirements concerning artificial or prerecorded voice calls, effective July 20. See Proposed 47 C.F.R. § 64.1200. Notably, the FCC amended requirements concerning...more

Best Best & Krieger LLP

Updated Rules Restricting Artificial and Prerecorded Calls Apply to Local Governments

Background on the Telephone Consumer Protection Act - Congress enacted the Telephone Consumer Protection Act (TCPA) in 1991 to address the growing number of uninvited marketing calls, including calls made by local...more

Faegre Drinker Biddle & Reath LLP

FTSA Does Not Apply to Calls Selling Services to Businesses

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

Venable LLP

North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections

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Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more

Shipkevich PLLC

FCC Amends TCPA Rules Effective July 20, 2023

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On January 23, 2023, the Federal Communications Commission (FCC) announced an important change to its rules regarding calls to residential numbers that are currently exempt from the Telephone Consumer Protection Act (TCPA)....more

Wiley Rein LLP

New TCPA Rules For Some “Exempt” Calls Will Go Into Effect on July 20, 2023

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On January 20, 2023, the Federal Communication Commission (FCC or Commission) announced the long-awaited effective date of new requirements for certain calls that are otherwise exempt from the Telephone Consumer Protection...more

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