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Robocalling Appeals

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Eleventh Circuit Challenge Dead

One-to-One Consent 11th Circuit Challenge Dead - As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more

Pierce Atwood LLP

FCC Dials Back TCPA Rules While Consumer and Small Business Groups Move to Intervene

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The first months of 2025 have brought a number of notable developments in TCPA litigation and compliance, kicking off with the eleventh-hour announcement by the FCC on January 24 that it would postpone the effective date of...more

Faegre Drinker Biddle & Reath LLP

Tenth Circuit Finds That Invitations to Town Halls Regarding Covid-19 Triggered the TCPA’s Emergency Purposes Exception; Declines...

In a case analyzing whether invitations to town hall meetings regarding COVID-19 were exempted from liability by the TCPA’s emergency purposes exception, the Tenth Circuit declined to address whether a municipality is a...more

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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — March 2025

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover two...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Hulce – The TCPA’S “Free” Pass

With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more

Kelley Drye & Warren LLP

State AGs Support Effort to Revive TCPA 1:1 Consent Rule

On March 17, a bipartisan group of attorneys general from 27 states and the District of Columbia filed an amicus brief in the Eleventh Circuit Court of Appeals in support of the National Consumer Law Center’s proposed...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

Klein Moynihan Turco LLP

Is TCPA Consent Rule Really Dead?! Maybe Not, Say 28 States

The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the...more

Klein Moynihan Turco LLP

Autodialer TCPA Claim

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...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

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

Cozen O'Connor on

On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Strikes Down One-to-One Consent Rule

On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule. Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 9 the Eleventh Circuit ruled that the FCC...more

K&L Gates LLP

Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules...

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The Eleventh Circuit Court of Appeals recently vacated the Federal Communications Commission’s 2023 “one-to-one consent rule” under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. v....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

Klein Moynihan Turco LLP

1:1 Consent Rule Vacated. What’s Next?

Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent...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

Goodwin

Eleventh Circuit Deals Fatal Blow to the TCPA’s One-to-One Consent Rule

Goodwin on

Late in the afternoon on January 24, 2025, the Federal Communications Commission’s (FCC) “One-to-One Consent Rule,” which was scheduled to take effect on January 27, 2025, was struck down and vacated by the US Court of...more

Klein Moynihan Turco LLP

One-to-One Consent Rule Vacated: What Comes Next?

In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — December 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Eyes on Appeals: Fourth Circuit May Weigh In on E-SIGN Act; Stay...

Fourth Circuit Potentially Weighing In on E-SIGN Act - As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Affirms Dismissal of List-Mode TCPA Claims

In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew...more

Troutman Pepper Locke

July 2023 Class Action Blog Summary

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What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more

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