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On February 19, the National Consumers League (NCL) and four small business owners filed a motion to intervene in support of the Federal Communications Commission (FCC) and the United States in the case of Insurance Marketing...more
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
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
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
On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more
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
On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis...more
The worlds of telemarketing and lead generation will see significant change next month. Industry change of this magnitude was last seen in October of 2013, when the Telephone Consumer Protection Act (“TCPA”) was amended to...more
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
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
Next year, the FCC’s new rules requiring prior written consent for robocalls and robotexts per seller will go into effect thus closing the “lead generator loophole.” Specifically, on January 27, 2025, the FCC’s amendments to...more
Last December the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second Report and Order. The new...more
As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National...more
The FCC set April 11, 2025 as the effective date for new rules designed to make it easier for consumers to revoke consent for calls and texts subject to the Telephone Consumer Protection Act and requiring callers honor these...more
As we reach the peak of this year’s Spooky Season, we thought it would be helpful to revisit some of the scariest recent developments in the realm of TCPA litigation and compliance. The conventional wisdom is that some of...more
On October 18, the FCC issued a public notice to all US-based voice service providers regarding a cease and desist letter that it had sent to a “gateway” telecommunications provider instructing it to halt transmission of...more
In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)...more
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
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
Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more
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
The Federal Communications Commission (FCC) has issued a final rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to add new provisions addressing how consumers may revoke consent to...more
On February 15, 2024, the Federal Communications Commission (“FCC”) adopted the Draft Report and Order and Further Notice of Proposed Rulemaking (“Report and Order”) that it released last month under the Telephone Consumer...more
The Federal Communications Commission (FCC) has adopted new rules that will limit businesses’ ability to rely on lead generators and comparison shopping websites to attract new customers. In an Order issued December 13, 2023,...more