News & Analysis as of

Prior Express Consent Auto-Dialed Calls Consent

Fisher Phillips

Court Strikes Down New Robotext and Robocall Rules at the 11th Hour – What Should Businesses Do Now?

Fisher Phillips on

Just one business day before new robotext and robocall rules requiring one-to-one consent and “logically and topically” related requirements were set to take effect, a federal appeals court vacated the requirements and...more

Womble Bond Dickinson

Loper Blight: 11th Circuit Vacates FCC Lead Generator “One-to-One” and “Logically/Topically Related” Consent Provisions

Womble Bond Dickinson on

In yet a third setback for the FCC since the Supreme Court’s Loper Bright opinion eliminating Chevron deference, the 11th Circuit last Friday in Insurance Marketing Coalition Limited v. FCC, vacated two TCPA consent...more

Troutman Pepper Locke

TCPA Trends: 2024 Year-in-Review and 2025 Predictions — The Consumer Finance Podcast

Troutman Pepper Locke on

In this episode of The Consumer Finance Podcast, host Chris Willis is joined by Partners Virginia Flynn and Chad Fuller for the first edition of a special year-in-review series. Together, they provide a comprehensive analysis...more

Sheppard Mullin Richter & Hampton LLP

FCC’s One-To-One Consent Rule Takes Effect in January

For those who send marketing texts, keep in mind the FCC one-to-one consent rule update. It has been getting some publicity, and takes effect January 27, 2025. As most are aware, TCPA requires getting consent before sending...more

Fisher Phillips

New Robotext and Robocall Rules Coming Online in 2025: What Your Business Needs to Know to Comply

Fisher Phillips on

Businesses that use robocalls or robotexts for marketing purposes will soon need to adjust to new rules that take effect in early 2025. The Federal Communications Commission made several changes to rules under the Telephone...more

Eversheds Sutherland (US) LLP

FCC Rules on Revocation and 1:1 Consent to come into effect in early 2025

On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more

Brownstein Hyatt Farber Schreck

FCC Announces Effective Date for New Revocation of Consent Order

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

Faegre Drinker Biddle & Reath LLP

Texas Federal Court Finds Prerecorded Calls to Schedule Pest Inspections Were Informational, Not Telemarketing

A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v....more

Faegre Drinker Biddle & Reath LLP

Maryland District Court Opinion Explores Complexities of TCPA Consent and Revocation

In the recent opinion of Smith v. ExamWorks, LLC, No. 21-2746, 2024 WL 622102 (D. Md. 2024), the District of Maryland analyzed the nuances of consent and revocation under the TCPA....more

Womble Bond Dickinson

FCC Proposes Rules to Further Tighten, Codify Various TCPA Consent Requirements

Womble Bond Dickinson on

The FCC has adopted a Notice of Proposed Rulemaking proposing to further tighten and to codify in its rules various Commission declaratory rulings on TCPA consent requirements that are applicable to autodialed calls and...more

Brownstein Hyatt Farber Schreck

The FCC Resolves Petitions on Texting Platforms and TCPA Consent

Last week, the Federal Communication Commission’s (“FCC”) Consumer and Governmental Affairs Bureau (“Bureau”) resolved two of the many pending petitions seeking relief and clarification concerning the requirements of the...more

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

Vedder Price

TCPA Case Law Update (Vol. 2)

Vedder Price on

In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more

McGuireWoods LLP

D.C. Circuit Issues Long-Awaited Decision on FCC’s 2015 TCPA Order

McGuireWoods LLP on

Nearly two and a half years following the appeal of the Federal Communications Commission’s (FCC) July 2015 Order, the U.S. Court of Appeals for the District of Columbia issued a ruling on March 16, 2018. On appeal, over a...more

Brownstein Hyatt Farber Schreck

Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an...

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more

Ruder Ware

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

Ruder Ware on

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

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