News & Analysis as of

Telephone Consumer Protection Act

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Klein Moynihan Turco LLP

Text Messaging and The Campaign Registry

By now, many businesses are familiar with The Campaign Registry (or “TCR”). The Campaign Registry was created as a collaboration between major United States mobile telecommunications carriers to address the growing issue of...more

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

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We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

Troutman Pepper Locke

April 2025 Consumer Litigation Filings: Everything Down

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According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and complaints filed with the...more

Klein Moynihan Turco LLP

TCPA Complaints Can Cost a Lot of Dough!

On May 23, 2025, Pizza Hut (“Defendant”) entered into a settlement agreement to resolve a putative class action lawsuit filed in the United States District Court for the Western District of Louisiana. In Brennan v. Pizza Hut,...more

Troutman Amin LLP

PROFESSIONAL NEGLIGENCE?: Vonage Failed to Honor DNC Requests in a Manner Leading to TCPA Class Action New Lawsuit Claims

Troutman Amin LLP on

So I was reviewing a $90+MM telecommunications services contract for a major brand yesterday. $90MM folks. The money in this industry is insane. But so are the stakes. Fail to set up your system right and face a TCPA class...more

Foley & Lardner LLP

The Intersection of AI, Digital Health, and the TCPA: What You Need to Know

Foley & Lardner LLP on

Artificial intelligence (AI) is widely transforming digital health, including by automating certain patient communications. However, as health care companies consider deploying AI-driven chatbots, texting platforms, and...more

Rumberger | Kirk

Supreme Court’s Hazy Junk Faxes Case Is Sure to Affect Compliance

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Companies that rely on digital marketing are awaiting a pivotal decision from the US Supreme Court on how federal courts should treat a Federal Communications Commission interpretation of a law against junk faxes. ...more

Haight Brown & Bonesteel LLP

California’s Telephone Consumer Protection Act Compendium

Does your state have its own version of the TCPA? Yes. California has what is known as the California Consumer Privacy Act of 2018, which is located in sections 1798.100 to 1798.199.100 of the California Civil Code. The...more

Hinch Newman LLP

How to Reduce Potential TCPA Liability and FCC Reassigned Numbers Database

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The Federal Communications Commission’s Reassigned Numbers Database is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Telemarketers can use the...more

Klein Moynihan Turco LLP

Surge in TCPA Quiet Time Litigation

Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late...more

DarrowEverett LLP

AI Meets TCPA: Navigating Business Compliance Risks in Phone Communications

DarrowEverett LLP on

As artificial intelligence continues to transform business communications, companies will continue to face significant—and in some cases, increased—legal risks under the Telephone Consumer Protection Act (TCPA) when choosing...more

Bradley Arant Boult Cummings LLP

AAA Updates Consumer Arbitration Rules: What Businesses Need to Know

The American Arbitration Association (AAA) recently rolled out significant updates to its Consumer Arbitration Rules and Mediation Procedures, which took effect on May 1, 2025. These changes reflect AAA’s continued commitment...more

Burr & Forman

Ohio District Court Grants Summary Judgment in TCPA Case, Holding Statements Claiming Calls Were on Defendant's Behalf Were...

Burr & Forman on

Schwartz v. Bamz Enterprises, LLC, No. 1:23-cv-608, 2025 WL 1371433 (S.D. Ohio May 12, 2025) - Plaintiff filed suit, claiming Defendant violated the Telephone Consumer Protection Act (“TCPA”) when he received multiple...more

Bradley Arant Boult Cummings LLP

The TCPA Landscape in 2025: Key Developments and Compliance Priorities

The Telephone Consumer Protection Act (TCPA) continues to be a major source of litigation risk for businesses engaged in outbound marketing. In the first quarter of 2025, litigation under the TCPA surged dramatically, with...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

Hinch Newman LLP on

The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

Shipkevich PLLC

TCPA Litigation Update: Virginia, Texas, and Nevada Federal Courts Toss TCPA Lawsuits Over Lack of Clear Defendant Ties

Shipkevich PLLC on

Federal district courts in Virginia, Texas, and Nevada have recently dismissed a series of lawsuits brought under the Telephone Consumer Protection Act (TCPA), finding that plaintiffs failed to show how the defendants were...more

Faegre Drinker Biddle & Reath LLP

FTSA’s Application to Nonprofits Remains Unsettled as Florida’s Legislative Session Will End Without Remedial Legislation

The FTSA - The FTSA (Fla. Stat. § 501.059), often referred to as Florida’s mini-TCPA, regulates how and when solicitors can call and text consumers. Most notably for present purposes, it prohibits telephonic solicitations...more

Klein Moynihan Turco LLP

TCPA Claim Defense Bites The Dust

A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more

Kilpatrick

Call Me, Maybe? TCPA Jurisprudence Post-Loper Bright

Kilpatrick on

I’m not willing to admit how many times I’ve listened to Carly Rae Jepsen’s hit “Call Me Maybe,” but I’m well enough versed in its lyrics to safely conclude she likely provided her romantic interest prior express consent to...more

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — April 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 the FCC’s...more

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Rumberger | Kirk

High Court Could Further Limit Deference With TCPA Fax Case in Law360

Rumberger | Kirk on

Are district courts bound by both interpretive and final rules issued by the Federal Communications Commission? The U.S. Supreme Court‘s decision to hear the case of McLaughlin Chiropractic Associates Inc. v. McKesson...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

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