FCC, Text Messages, Cell Phones

TEXTS AREN’T CALLS!: State Appellate Court Holds Text Messages Are Not Telephone Calls Were Purposes of Criminal Statute

Troutman Amin LLP on 6/18/2025

Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more

FCC Announces Effective Date for New Revocation of Consent Order

Brownstein Hyatt Farber Schreck on 10/18/2024

Earlier this year, the Federal Communications Commission (FCC) published a new report and order (“Order”) concerning revocation of consumer consent under the Telephone Consumer Protection Act (TCPA). The new rules revise how...more

New FCC Rule Affects Consumer Consent for Robocalls and Robotexts

Jones Day on 12/22/2023

A new FCC rule will require comparison shopping websites and lead generators to obtain consumer consent to receive robocalls and robotext messages one seller at a time....more

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

Troutman Pepper Locke on 12/18/2023

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

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

Troutman Pepper Locke on 8/15/2023

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 Levies $5 Million Fine for Political Calling Campaign That Violated the TCPA

Venable LLP on 6/9/2023

As part of a broader campaign to go after “robocall” violations, the Federal Communications Commission (FCC) has announced a $5,134,500 fine against a company and its owners for making 1,141 robocalls in 2020 that violated...more

TCPA Tracker - February and March 2023

Kelley Drye & Warren LLP on 4/19/2023

RECENT NEWS - FCC Issues Report and Order Aimed at Unlawful Texting - On February 23, 2023, the FCC issued a Report and Order (the “Order”) which took aim at unlawful texting, marking the first time the FCC has taken...more

FCC Takes First Steps to Curb Scam Texts, Looks to Clamp Down on Lead Generators

Brownstein Hyatt Farber Schreck on 3/21/2023

Blocking Texts Highly Likely to Be Illegal - Until now, the FCC has focused on curbing illegal robocalls. It has now turned its attention to illegal robotexts, which the agency notes have been increasing rapidly. In an...more

Conflicting Decisions Illustrate Uncertainty as to Whether TCPA Extends to Text Messages

Faegre Drinker Biddle & Reath LLP on 2/16/2023

Two recent District Court opinions highlight an ongoing dispute as to whether the TCPA and its implementing regulations should apply to mobile (cellular) phones and text messages received thereon, as opposed to the more...more

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

Venable LLP on 2/14/2023

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

TCPA Tracker November 2022

Kelley Drye & Warren LLP on 12/15/2022

RECENT NEWS - Consumer Consent Required to Send “Ringless Voicemails,” FCC Finds - The Federal Communications Commission ("FCC"), in a recent Declaratory Ruling and Order, stated that callers must obtain consumer...more

TCPA FCC Petitions Tracker - December 2022

Kelley Drye & Warren LLP on 12/15/2022

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 - July 2022

Kelley Drye & Warren LLP on 7/22/2022

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 - November 2021

Kelley Drye & Warren LLP on 12/1/2021

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

FCC Proposes New Robocall Mitigation Regulations on Gateway Providers

Wiley Rein LLP on 10/28/2021

At the September 30, 2021 Open Meeting, the Federal Communications Commission (FCC or Commission) adopted a Fifth Further Notice of Proposing Rulemaking (FNPRM) that proposes additional regulatory requirements on the gateway...more

TCPA FCC Petitions Tracker - April 2021

Kelley Drye & Warren LLP on 4/29/2021

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

FCC’S Year-End TCPA Orders Place New Limitations on Automated & Prerecorded Calls

Goodwin on 1/15/2021

Financial Services, Healthcare, and Technology sector clients — and any company that places non-marketing calls or text communications to customers by automated means — should pay close attention to two new FCC orders from...more

District Court Finds Calls to Cell Phones Do not Violate the TCPA’s Prohibition Against Telephone Solicitations to Residential...

Troutman Pepper Locke on 1/12/2021

In an Order issued December 16, 2020, the Eastern District of Texas adopted the Report and Recommendation of United States Magistrate Judge Kimberly C. Priest Johnson finding that calls placed to a cellular telephone do not...more

TCPA FCC Petitions Tracker - November 2020

Kelley Drye & Warren LLP on 11/17/2020

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 - August 2020

Kelley Drye & Warren LLP on 8/21/2020

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 - July 2020

Kelley Drye & Warren LLP on 7/16/2020

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

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

Hinshaw & Culbertson - Consumer Crossroads on 7/9/2020

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Taking Side on Circuit-Splitting Issue, Texas District Court Holds that Facebook Promotional Texts Were Not Sent Using ATDS

Faegre Drinker Biddle & Reath LLP on 5/31/2020

The Western District of Texas recently dismissed with prejudice a TCPA suit against Facebook brought by Colin Suttles, an individual who claimed he received thirty-two unsolicited texts from the company encouraging him to...more

TCPA FCC Petitions Tracker - May 2020

Kelley Drye & Warren LLP on 5/20/2020

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 - April 2020

Kelley Drye & Warren LLP on 4/20/2020

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 › Text Messages › Cell Phones

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