Welcome to the fourth chapter of our annual report, Consumer Financial Services: 2025 Year in Review. The Telephone Consumer Protection Act (TCPA) landscape in 2025 saw federal rollback, judicial overhaul, and further...more
Last week another court used McKesson and Loper Bright to limit requirements under the Telephone Consumer Protection Act (TCPA). ...more
A federal appeals court’s recent holding that oral consent — rather than written consent — for pre-recorded telemarketing calls satisfies the Telephone Consumer Protection Act (TCPA) demonstrates how U.S. Supreme Court...more
On February 26, 2026, in Bradford v. Sovereign Pest Control of TX, Inc., the Fifth Circuit held that the TCPA permits either written or oral consent for autodialed or pre-recorded/artificial voice telemarketing calls,...more
When we wrote about McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. 146 (2025), last July, we said it might lead to circuit splits. Well, the Fifth Circuit just cracked open a doozy. In what is welcome...more
Following the United States Supreme Court’s decision in McLaughlin v. McKesson, several courts have ruled on the issue of whether text messages are telephone calls for Telephone Consumer Protection Act (“TCPA”) purposes....more
Takeaway: Following the Supreme Court’s decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. 146 (2025), three district courts have found that a “text message” is not a “telephone call” under...more
On October 24 2025, the United States District Court for the Middle District of Florida issued another favorable decision for companies contesting National Do Not Call (“DNC”) claims. In El Sayed v. Naturopathica Holistic...more
The Telephone Consumer Protection Act (TCPA), which regulates telemarketing, fax advertising, and the National Do Not Call Registry, has been around for over 30 years. During this time, the Federal Communications Commission...more
On August 26 2025, the United States District Court for the Northern District of Florida issued a useful decision for companies contesting National Do Not Call (“DNC”) claims. In Davis v. CVS Pharmacy, Inc., the Court granted...more
On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more
Earlier this month, the U.S. Supreme Court held that district courts are not bound by the Federal Communication Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227. See...more
The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in...more
In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more
The U.S. Supreme Court’s recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and...more
The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. ...more
The Supreme Court's decision in McLaughlin Chiropractic Associates v. McKesson Corporation seismically shifts how courts will evaluate FCC interpretations of the TCPA, creating new compliance challenges for healthcare...more
Key takeaways - - Federal district courts are no longer required to defer to the FCC's interpretation of statutes in civil enforcement proceedings. - Regulated entities can now challenge prior federal agency interpretations...more
On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more
Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more
In a decision with sweeping implications for the administrative law and the regulation of tele-communications practices—to say nothing of one of the most dangerous class-action devices in history—the Supreme Court ruled in...more
With its recent ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. ___ (2025), the U.S. Supreme Court has continued its trend of reining in the power of agencies and giving litigants more avenues...more
Share on Twitter Share by Email Share Back to top Digital health companies increasingly rely on AI-powered messaging platforms, chatbots, and virtual assistants to engage patients through text and voice. However, a June 2025...more
On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more
In one of its final decisions in 2025, the U.S. Supreme Court curtailed the authority of the Federal Communications Commission (FCC) in interpreting the Telephone Consumer Protection Act (TCPA), signaling a broader...more