News & Analysis as of

Rulemaking Process Consent

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...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

Katten Muchin Rosenman LLP

Financial Industry Concerns Cause FCC to Delay Implementation of Broad Consent Revocation Requirement under TCPA

On April 11, 2025, a controversial new rule by the Federal Communications Commission (FCC) was set to take effect to modify consent revocation requirements under the Telephone Consumer Protection Act (TCPA). But each of the...more

Burr & Forman

FCC Delays Company-Wide TCPA Revocation Rule

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On February 16, 2024, the Federal Communications Commission (FCC) released the TCPA Consent Order adopting various rules governing consumers’ ability to revoke consent to receive certain communications, including that when...more

BCLP

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

BCLP on

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: Regulatory Update — FCC Seeks Comment on Petitions Focused on Quiet Hour and Utility...

Amid a surge in Telephone Consumer and Protection Act (TCPA) lawsuits, two groups filed Petitions for Declaratory Ruling before the Federal Communications Commission (FCC) this month, seeking clarity on several current TCPA...more

Venable LLP

Update on the FCC’s One-To-One Consent Rule

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In January the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) one-to-one consent rule, finding that the agency exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA)....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

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

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

Snell & Wilmer

FTC Click to Cancel Rule

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In 2023, the U.S. Federal Trade Commission (FTC) sought public comments on how to combat perceived unfair and deceptive trade practices, recurring subscription charges, and cancelation of such plans. Born out of these...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

Hinch Newman LLP

FCC Postpones Effective Date of TCPA One-to-One Consent Rule Before it is Vacated by the Eleventh Circuit

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On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more

Dorsey & Whitney LLP

FTC Finalizes Click to Cancel and Negative Option Rule

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On October 16, 2024, the Federal Trade Commission (FTC) announced a revision to its negative option rule. The rule, formally entitled the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs,” is a...more

Foley & Lardner LLP

FTC Finalizes “Click-to-Cancel” Rule 18 October 2024

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The Federal Trade Commission (FTC) has finalized amendments to the Negative Option Rule, now retitled the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs“ (“Rule”), which represents a significant...more

Hudson Cook, LLP

FCC Continues to Roll Out TCPA Changes and Interpretations

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On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more

Davis Wright Tremaine LLP

Florida Digital Bill of Rights Signed Into Law

The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more

Sheppard Mullin Richter & Hampton LLP

New Draft Regulations for Colorado’s Privacy Law

The Colorado Attorney General recently released the second set of draft regulations to the Colorado Privacy Act (CPA). In this draft, the AG is seeking specific input on five different topics. There are also a number of...more

Buchalter

Colorado Attorney General Renews Call for Public Input in Privacy Act Pre-Rulemaking Process

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The Colorado Privacy Act (CPA) is set to take effect on July 1, 2023. The law, which applies to, among others, many businesses or non-profits that process data of no fewer than 100,000 persons over the course of a year,...more

Alston & Bird

Colorado Issues Pre-Rulemaking Considerations for the Colorado Privacy Act

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On April 12, 2022, the Colorado Department of Law (the “Department”) released its Pre-Rulemaking Considerations for the Colorado Privacy Act (the “CPA”), following state Attorney General Phil Weiser’s remarks at the...more

Benesch

Federal Trade Commission Looking at New Rules to Combat Discrimination in Algorithms and Poor Security Practices

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The brief FTC note indicates the agency will look to combat poor security practices, protect against the misuse of personal information, and discrimination arising from algorithmic decision-making. Last month, the...more

Dorsey & Whitney LLP

Three More California Privacy Bills Become Law: CPPA Rulemaking Responsibility, Genetic Data Breaches, and New Genetic Information...

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Californians voted to enact the California Privacy Rights Act (“CPRA”) almost one year ago. Last week, Governor Gavin Newsom signed three new privacy bills into law....more

Shook, Hardy & Bacon L.L.P.

Florida’s Proposed Privacy Legislation: An In-Depth Analysis for Corporate Counsel

The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more

Faegre Drinker Biddle & Reath LLP

Here Come the Proposed CCPA Regulations We’ve All Been Waiting For

After a long wait, the California Attorney General’s (AG) office held a news conference on October 10, 2019, and published proposed regulations implementing the California Consumer Privacy Act (CCPA). Companies gearing up for...more

Hogan Lovells

Cookie consent – What “good” compliance looks like according to the ICO

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On 3 July 2019, the UK data protection authority (the ICO) updated its guidance on the rules that apply to the use of cookies and other similar technologies.  The ICO has also changed the cookie control mechanism on its own...more

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