News & Analysis as of

Do Not Call List Opt-Outs

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Telephone Consumer Protection Act and Sales Agents: The Dangers of the ‘Canary Trap’

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, was enacted in 1991 “to protect the privacy interests of residential telephone subscribers,” according to the act’s legislative history. The TCPA provides for a...more

Klein Moynihan Turco LLP

TCPA Text Lawsuits Are a Dangerous Play!

On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

Womble Bond Dickinson

New FCC TCPA Consumer Consent Revocation Mandates Effective April 11, 2025

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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

Klein Moynihan Turco LLP

DNC Opt-Out Leaves Junkyard Singing the Blues

On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call (“DNC”) opt-out requests in...more

Klein Moynihan Turco LLP

Drunk Driving Nonprofit Faces Do Not Call (“DNC”) Compliance Class Action

On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions...more

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...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

Hinch Newman LLP on

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

WilmerHale on

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

Lerman Senter PLLC

FCC Updates TCPA Rules for Revocation of Consent

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The FCC adopted a Report and Order and Further Notice of Proposed Rulemaking codifying existing revocation of consent requirements and establishing new opt-out rules under the Telephone Consumer Protection Act (TCPA). The...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Two Courts Agree With Defendant’s Challenges to Imprecise TCPA Class...

Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...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

Holland & Knight LLP

Pennsylvania Gives Telephone Subscribers New Protections Against Telemarketers/Robocallers

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Pennsylvania has enacted House Bill (HB) 318,1 which expands and extends the protections given to Pennsylvania residential and wireless telephone subscribers by the 1996 Telemarketer Registration Act (TRA) in connection with...more

Womble Bond Dickinson

CCPA Creates Possible Dilemmas for Companies Sending Text Messages. Is Your Business Ready?

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Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Womble Bond Dickinson

FCC’s New “Call Blocking by Default” Rules Could Create Unintended Consequences for American Businesses

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Written by Artin Betpera and David Carter The FCC has adopted a declaratory ruling allowing carriers to automatically opt consumers into call blocking programs. The new rules give carriers the option of opting consumers in by...more

Eversheds Sutherland (US) LLP

TCPA best practices - Top five do-not-call list (DNC) compliance tips

Meeting the requirements of federal and state Do-Not-Call laws (DNC) is a key component of telemarketing compliance. The National Do-Not-Call Registry is a national database that permits consumers to register their telephone...more

Davis Wright Tremaine LLP

Accident, Technical Failure, or Human Error? FCC's $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to...

The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers. The...more

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