News & Analysis as of

Prior Express Consent Appeals The United States Federal Communications Commission

BCLP

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

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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

Troutman Pepper Locke

FCC “One-to-One Rule” Case: States File Amicus Brief in Support of Rehearing

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Last month, we discussed the motion filed by the National Consumers League and four small business owners to intervene in the case of Insurance Marketing Coalition Limited. v. FCC. This motion aimed to challenge the Eleventh...more

Ballard Spahr LLP

Appeals Court strikes down FCC telemarketing, robocall rule that required specific consent

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The 11th Circuit Court of Appeals has struck down the FCC rule that would have prohibited telemarketing or advertising robocalls to consumers unless they consent to calls from only one entity at a time, and that they consent...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit vacates part of FCC’s rule on “prior express consent”

On January 24, the U.S. Court of Appeals for the Eleventh Circuit vacated Part III.D of the FCC’s 2023 Order, known as the “one-to-one consent rule” in the Telephone Consumer Protection Act (TCPA), which was scheduled to take...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

Moritt Hock & Hamroff LLP

11th Circuit Vacates FCC’s TCPA 1:1 Consent Rule

In an eleventh-hour play, on January 24, 2025, the Eleventh Circuit issued a decision that vacated the Federal Communication Commission’s (FCC) One-to-One Consent Rule, which was all set to go into effect on January 27, 2025....more

Pierce Atwood LLP

Eleventh Circuit Vacates FCC’s TCPA One-to-One Consent Rule on Eve of Effective Date

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On Friday, January 24, 2025, just one business day before it was to take effect on January 27, the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) One-to-One Consent Rule that was adopted as an...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

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There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Adopts Narrow Definition of Autodialer Under The TCPA

The Seventh Circuit has recently joined the Second, Third, Sixth and Eleventh Circuits in adopting a narrow interpretation of Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (“TCPA”), one...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

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

Eversheds Sutherland (US) LLP

Dialing In - TCPA top issues to watch in 2020

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...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

Sheppard Mullin Richter & Hampton LLP

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more

Bradley Arant Boult Cummings LLP

Ask and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary Judgment

Consent is the most powerful weapon companies have against TCPA liability, and a recent Eleventh Circuit opinion illustrates how. In Gorss Motels, Inc. v. Safemark Systems, L.P., the Eleventh Circuit affirmed summary judgment...more

Eversheds Sutherland (US) LLP

You can’t unring a bell – More courts reject revocation of consent under the TCPA

Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Harris Beach Murtha PLLC

District Court Gives Narrow, Reasonable Scope to TCPA

In March of this year, we told you that the D.C. Circuit Court of Appeals issued a decision in ACA Int’l. v. FCC, wherein the court set aside two FCC interpretations of the Telephone Consumer Protection Act, or TCPA....more

Harris Beach Murtha PLLC

D.C. Circuit Reins in FCC’s Overbroad TCPA Interpretations

On March 16, a year and a half after hearing oral argument, the D.C. Circuit Court of Appeals issued a long-awaited decision overturning two of the Federal Communications Commission’s (FCC) far-reaching interpretations of the...more

Hogan Lovells

D.C. Circuit Calls 2015 FCC TCPA Autodialer Decision “Utterly Unreasonable”; Strikes Down Reassigned Numbers Framework

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The United States Court of Appeals for the District of Columbia Circuit issued its long-awaited decision in ACA International, et al, v. FCC, a case involving multiple petitions for review of the Federal Communications...more

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

McDermott Will & Emery on

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Vedder Price

ACA v. FCC Close to a Slam Dunk for TCPA Defendants

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Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more

Dorsey & Whitney LLP

D.C. Circuit Court of Appeals Sets Aside FCC’s Definition of “Called Party” Under the TCPA—What Comes Next?

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The Telephone Consumer Protection Act (“TCPA”) makes it unlawful to make autodialed calls without the prior express consent of the “called party.” 47 USC §227(b)(1)(A). ...more

Dorsey & Whitney LLP

Your Definitive Guide to the ACA Int’l Ruling: The Top 10 Things Every TCPAlander Needs to Know Now

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It’s here! It’s here! It’s finally here! At last, I no longer need to field the question of “when, oh when, is the D.C. Circuit Court of Appeals going to rule on the ACA Int’l appeal of the FCC’s TCPA Omnibus ruling from...more

Womble Bond Dickinson

Second Circuit: You Agreed to be Called When They Loaned You the Money, So Now Live With It

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In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile...more

Davis Wright Tremaine LLP

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

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