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The United States Federal Communications Commission › Statutory Interpretation › Robocalling

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
Vedder Price

TCPA Turnstile: TCPA Litigation Continues to Spring to Life in 2025 (TCPA Update Vol. 20)

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TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as...more

BCLP

TCPA Update: The FCC Opposes Rehearing the 1:1 Consent Rule

BCLP on

On April 4, 2025, the Federal Communications Commission (“FCC”) revealed that it will not support a rehearing of the Telephone Consumer Protection Act (“TCPA”) 1:1 consent requirement for robocalls/texts (“1:1 Consent Rule”)...more

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

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On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more

Troutman Pepper Locke

Eleventh Circuit Re-Opens TCPA “Lead Generator Loophole” and Signals Further Erosion of Judicial Deference to Administrative Rules

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In Insurance Marketing Coalition Ltd. v. FCC, ‎— F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025)‎, the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more

K&L Gates LLP

Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules...

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The Eleventh Circuit Court of Appeals recently vacated the Federal Communications Commission’s 2023 “one-to-one consent rule” under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. v....more

Benesch

Eleventh Circuit Axes FCC’s One-to-One Consent Rule, Citing Agency Overstep

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On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more

Polsinelli

Eleventh Circuit Overturns FCC’s One-to-One Consent Rule

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A 2023 Federal Communications Commission (FCC) Order interpreted the Telephone Consumer Protection Act as requiring that consumers provide specific one-to-one consent to receive robocalls. The purpose was to fill what the FCC...more

Faegre Drinker Biddle & Reath LLP

Whirlwind of Activity Ends With Eleventh Circuit Invalidating FCC’s Lead Generation Rule

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Our regular readers will no doubt be familiar with the one-to-one-consent and logically-and-topically-related requirements the FCC (under the prior administration) had tried to impose as a way to close what it had described...more

Burr & Forman

Eleventh Circuit Vacates FCC’s One-to-One Consent and Logically-and-Topically-Related Requirements for Prior Express Consent

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Insurance Marketing Coalition, Ltd. v. Federal Communications Commissions, No. 24-10277, 2025 WL 289152 (11th Cir. Jan. 24, 2025) - “At bottom, the FCC has ‘decreed a duty on [lead generators] that the statute does not...more

Troutman Pepper Locke

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

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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

Womble Bond Dickinson

Supreme Court Hears Oral Argument on TCPA’s ATDS Definition

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On December 7, 2020 the Supreme Court heard oral argument in Facebook v. Duguid to address the circuit split over the interpretation of the statutory definition of automatic telephone dialing system (ATDS) under the TCPA. The...more

Womble Bond Dickinson

FCC Addresses TCPA ATDS Definition in Win for P2P Texting Platforms

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The FCC’s proceedings regarding the definition of the term “automatic telephone dialing system” have been pending since May of 2018 when, shortly after the D.C. Circuit’s opinion in ACA International v. FCC, the Commission...more

Womble Bond Dickinson

Court Rejects Theory in TCPA Case That SQL Server’s Supposed Capacity to Generate Numbers Makes Dialing System an ATDS

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In the face of mounting rulings from intermediate and lower courts requiring an ATDS to have the capacity to randomly or sequentially generate numbers (and thereby ruling out virtually all modern day list-based dialing...more

Hinshaw & Culbertson LLP

Circuit Split Created as Eleventh and Seventh Circuits Narrowly Interpret Definition of Auto-Dialer Under the TCPA

Hinshaw & Culbertson LLP on

We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

Bradley Arant Boult Cummings LLP on

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Hogan Lovells

Eleventh Cir. Rejects Broad Reading of “Autodialer”

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On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Benesch

Defense Victory: Eleventh Circuit Demolishes Expansive TCPA Interpretation - Holds an ATDS Must Randomly or Sequentially Generate...

Benesch on

On January 28, 2020, the Eleventh Circuit Court of Appeals dealt a body-blow to serial TCPA scammers and everyone else who has disingenuously argued over the past decade that any type of “automated” dialing equipment is...more

Burr & Forman

Glasser v. Hilton: Citing Principles of Statutory Interpretation, the Eleventh Circuit Drastically Reduces the Scope of TCPA

Burr & Forman on

The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991.  However, since passage of the Act there has been considerable debate...more

Faegre Drinker Biddle & Reath LLP

Florida Federal Court Stays Putative Class Action to Await Guidance from the FCC and Eleventh Circuit as to What Constitutes an...

Faegre Drinker Biddle & Reath LLP on

It can fairly be said that the statutory definition of “automatic telephone dialing system” (“ATDS”) has generated far more questions than answers—for courts and litigants alike. This is especially true in the wake of ACA...more

Womble Bond Dickinson

Courts Continue to Hold Random/Sequential Number Generation is Required to Meet ATDS Definition Under TCPA

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Recently, a string of district courts outside of the Ninth Circuit have held that to qualify as an ATDS, a device must have the capacity to generate telephone numbers randomly or sequentially. In the month since the last such...more

Womble Bond Dickinson

Another District Court Within the Seventh Circuit Finds that an ATDS Requires a Device to Randomly and Sequentially Generate...

Womble Bond Dickinson on

The lower courts in the Seventh Circuit have been very active when it comes to the definition of an ATDS after ACA International v. FCC, 885 F.3d 687, 691 (D.C. Cir. 2018). The vast majority of the opinions coming out of the...more

Womble Bond Dickinson

District Court in the Fifth Circuit Holds that Predictive Dialers are Outside the Scope of the TCPA

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Last week, the Northern District of Texas gave us our first case out of the Fifth Circuit addressing the definition of an ATDS in the post-ACA International era. In Adams v. Safe Home Security, Inc. No. 3:18-CV-03098-M,...more

Benesch

Supreme Court Punts On Whether Courts Are Bound By FCC Orders On The TCPA, But Not Without A Convincing Concurring Opinion

Benesch on

Yesterday morning, the Supreme Court issued its decision in PDR Network, LLC, et al. v. Carlton & Harris Chiropractic, Inc. At issue was whether a TCPA-defendant in a civil case may contest the Federal Communications...more

Womble Bond Dickinson

First Trial Court In Fourth Circuit Holds ATDS Requires Random or Sequential Number Generation

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For well over a year now since the D.C. Circuit’s opinion in ACA International v. FCC, the pendulum has swung back and forth amongst federal courts on the definition of an automatic telephone dialing system (ATDS) at...more

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