FCC, TCPA, Exemptions

Texas District Court Rejects “Influence Liability” Workaround to FCC Exemption for Research and Surveys

Faegre Drinker Biddle & Reath LLP on 4/14/2023

A recent decision from the U.S. District Court for the Northern District of Texas reaffirms the FCC’s interpretation that calls and text messages regarding consumer surveys and other market research do not qualify as...more

FCC Amends TCPA Rules Effective July 20, 2023

Shipkevich PLLC on 2/10/2023

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

FCC Clarifies Express Written Consent Requirement for Exempt Callers under TCPA and TRACED Act

Venable LLP on 1/6/2023

On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling clarifying the express consent requirements for calls placed to residential landlines under the...more

FCC Acts on Pending Reconsideration Petitions of its 2020 TCPA Exemptions Order

Faegre Drinker Biddle & Reath LLP on 1/4/2023

The Telephone Consumer Protection Act of 1991 (TCPA) restricts many types of calls to residential and wireless telephone numbers if they are made without the prior express consent of the called party or a statutory exemption...more

DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing Calls

Perkins Coie on 7/15/2022

The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more

Lack of Patient-Provider Relationship Dooms Health Care Exemption

Manatt, Phelps & Phillips, LLP on 5/27/2022

Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act (TCPA)...more

Texts Regarding COVID Vaccine Eligibility Are Not Actionable Under TCPA, Texas Northern District Holds

Faegre Drinker Biddle & Reath LLP on 3/18/2022

The U.S. District Court for the Northern District of Texas recently held that unsolicited text messages that simply inform recipients of the availability of a free COVID-19 vaccine are protected by the “emergency purposes”...more

FCC TCPA Actions Mid-Year Review

Faegre Drinker Biddle & Reath LLP on 8/12/2021

After adopting orders reflecting the majority of implementation deadlines set by the TRACED Act and the Supreme Court’s highly anticipated TCPA decision interpreting the statutory definition of automatic telephone dialing...more

Correct TCPA Exemptions, Industry Group Asks FCC

Manatt, Phelps & Phillips, LLP on 5/6/2021

The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the Federal...more

Some Clinical Trial Calls Now Eligible for the FCC’s Revised TCPA Exemption

Faegre Drinker Biddle & Reath LLP on 1/26/2021

The TRACED Act’s December 30, 2020 deadline was not the end of the FCC’s recent series of actions to bring more clarity to certain forms of TCPA exemptions. Most recently, on January 15, 2021, the FCC issued a Declaratory...more

FCC Issues Call Volume and Opt-Out Rules for Calls Exempted From TCPA’s Consent Requirements

Womble Bond Dickinson on 1/13/2021

Over the years, the FCC has established a number of exemptions to the TCPA’s prohibition on unconsented autodialed and pre-recorded or artificial voice calls. Last year, Congress directed the FCC under the TRACED Act to...more

TCPA Update: FCC Imposes New Call Limits and Opt-Out Requirements

Wiley Rein LLP on 1/7/2021

On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...more

TCPA Tracker - November 2020

Kelley Drye & Warren LLP on 11/17/2020

Recent News - FCC Publishes Directions and Filing Information for Caller ID Exemptions - On November 9, 2020 the Wireline Competition Bureau released a Public Notice, providing instructions for voice service providers...more

FCC Proposed Rulemaking Presents an Opportunity to Reshape Some Existing TCPA Exemptions

Faegre Drinker Biddle & Reath LLP on 10/7/2020

Over the years, one of the biggest challenges many businesses face when assessing TCPA risks posed by a new calling or texting campaign has been determining whether the proposed use case can defensibly rely on one of the...more

FCC Declares Certain Calls/Texts Regarding COVID-19 Are Exempt From The TCPA

Sheppard Mullin Richter & Hampton LLP on 3/29/2020

The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated calls, including text messages, to cell phones without sufficient prior express consent, and imposes a statutory penalty of $500 to $1,500 per...more

As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue

Faegre Drinker Biddle & Reath LLP on 10/18/2019

The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more

TCPA FCC Petitions Tracker - June 2019

Kelley Drye & Warren LLP on 6/26/2019

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Fourth Circuit Strikes Down TCPA Exemption for Collection of Government Debt, Putting Loan Servicers and Debt Collectors at Risk

Bradley Arant Boult Cummings LLP on 5/1/2019

A recent decision by a panel of the United States Court of Appeals for the Fourth Circuit interpreting the Telephone Consumer Protection Act (TCPA) has significant – and possibly costly – implications for loan servicers and...more

TCPA FCC Petitions Tracker March 2019

Kelley Drye & Warren LLP on 3/20/2019

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

TCPA FCC Petitions Tracker February 2019

Kelley Drye & Warren LLP on 2/20/2019

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Government Benefit: Navient Wins Summary Judgment Based on Finding That Calls to Collect Government-Backed Debt are Exempted Under...

Womble Bond Dickinson on 12/3/2018

A great decision for Navient Solutions came down yesterday out of the Northern District of Alabama in Green v. Solutions, No. 1:17-CV-1453-VEH, 2018 U.S. Dist. LEXIS 201906 (N.D. Ala. Nov. 29, 2018). Navient Solutions had its...more

FROM THE MAILBAG: The Czar Answers TCPAland Questions About Timing of Revocation/Recycled Number Requests, Healthcare Exemption

Womble Bond Dickinson on 11/27/2018

NOT LEGAL ADVICE, NOT LEGAL ADVICE, NOT LEGAL ADVICE–DON’T RELY ON THIS–CONSULT AN ATTORNEY - Every once in a while we get some questions from our loyal readers. Thought I’d take a minute and provide a few answers where I...more

TCPA Exemptions for Healthcare Companies

Bass, Berry & Sims PLC on 8/28/2018

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more

“Flu Shots Available”: Court Finds that These Three Little Words Are Within the Scope of Consent Provided to Receive Texts Related...

Womble Bond Dickinson on 8/20/2018

In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them that...more

TCPA FCC Petitions Tracker August 2018

Kelley Drye & Warren LLP on 8/16/2018

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

The United States Federal Communications Commission › Telephone Consumer Protection Act › Exemptions

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