News & Analysis as of

Rulemaking Process Telephone Consumer Protection Act The United States Federal Communications Commission

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

Klein Moynihan Turco LLP

What Is An AI-Generated Call?

With AI-generated content becoming more widespread daily, the Federal Communications Commission (“FCC” or “Commission”) has solicited comments from the general public and companies alike in connection with a recent Notice of...more

Burr & Forman

FCC Delays Company-Wide TCPA Revocation Rule

Burr & Forman on

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

BCLP

Dear Public, What Should We DELETE, DELETE, DELETE? Best Regards, the FCC.

BCLP on

On March 12, 2025, Federal Communications Commission (“FCC”) chair, Brendan Carr, opened a new docket titled In Re: Delete, Delete, Delete (the “Notice”), asking for the public’s help in identifying “unnecessary” FCC rules,...more

Venable LLP

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

Venable LLP on

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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — Robocalling Proceedings Potentially Impacted by Regulatory Freeze

On January 20, 2025, President Trump issued an executive order directing all “executive departments and agencies” to pause any currently pending proceedings and review any proposed or adopted rules that have not yet taken...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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Hinch Newman LLP on

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

Davis Wright Tremaine LLP

Two FCC Actions on AI: Penalties for Deepfake Robocalls With Spoofed Caller ID; Rulemaking on AI in Political Ads

The FCC recently issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $6 million fine on a political consultant for allegedly carrying out an illegal robocall campaign using caller ID spoofing and an...more

ArentFox Schiff

FCC Chairwoman Circulates Proposed Rulemaking Requiring Disclosure of AI-Generated Content in Political Ads on TV and Radio

ArentFox Schiff on

This latest Federal Communications Commission (FCC) action addressing artificial intelligence (AI) would, if adopted, aim to protect voters against deceptive information, including “deep fakes,” in political ads. Pursuant...more

Hudson Cook, LLP

FCC Continues to Roll Out TCPA Changes and Interpretations

Hudson Cook, LLP on

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

Womble Bond Dickinson

Court Finds Do-Not-Call Rules Apply to Marketing Text Messages

Womble Bond Dickinson on

While an ongoing FCC rulemaking is seeking comment on whether the FCC should clarify that TCPA’s Do-No-Call rules apply to text messages as they do to voice calls, a federal court has weighed-in with its view that...more

Faegre Drinker Biddle & Reath LLP

New Year, New Rules: FCC Modifies Existing TCPA Exemptions, Adopts New “Call Blocking” Requirements, and Clarifies TCPA...

Some welcome the New Year with new goals and new plans while others – the FCC, in particular, welcomes the New Year by wrapping up TCPA rulemakings and issuing other rulings. As expected, a number of TRACED Act items were...more

Faegre Drinker Biddle & Reath LLP

FCC Proposed Rulemaking Presents an Opportunity to Reshape Some Existing TCPA Exemptions

Over the years, one of the biggest challenges many businesses face when assessing TCPA risks posed by a new calling or texting campaign has been determining whether the proposed use case can defensibly rely on one of the...more

Mintz

TCPA Regulatory Update — FCC Adopts Safe Harbor to Encourage Blocking of Unwanted Robocalls; FCC Releases TCPA Clarifications &...

Mintz on

FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls - The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed...more

Womble Bond Dickinson

FCC Adopts New Rules with Safe Harbors for Blocking Robocalls

Womble Bond Dickinson on

Continuing with its efforts against illegal robocalling, the Federal Communications Commission (FCC) adopted rules to further encourage phone companies to block illegal and unwanted robocalls before they reach consumers. ...more

Benesch

FCC Petition May Create Safe Harbor For TCPA Consent

Benesch on

The Federal Communications Commission (“FCC”) seeks comment on the Petition for Expedited Declaratory Ruling Regarding the Application of 47 U.S.C. § 227(b)(1) of the Telephone Consumer Protection Act (“Petition”) filed by...more

BCLP

FCC Urged to Take Action on Litigation-Fueling Autodialer Issue Under TCPA

BCLP on

Retailer groups, including the National Retail Foundation, the U.S. Chamber of Commerce, and the Restaurant Law Center, are part of a coalition urging the Federal Communications Commission to clarify what constitutes an...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

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