News & Analysis as of

Telephone Consumer Protection Act Enforcement

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Perkins Coie

FCC Proposes New Rules for AI-Generated Content in Calls and Texts

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The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...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

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — Commission Adopts Second Report and Order On Robotexting With Some...

The Federal Communications Commission (FCC) adopted a Second Report and Order (“Report and Order”) and Second Further Notice of Proposed Rulemaking (“Second Further Notice”) at its December Open Meeting. We summarized the...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — The FCC Contemplates Industry-Altering Changes to Securing Consent

On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Communications Commission Acts to Prevent Unwanted and Illegal Phone Calls and Text Messages

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) are partnering in “Operation Stop Scam Calls,” a multijurisdictional effort to stop illegal telemarketing calls. Recent actions by the FCC...more

Davis Wright Tremaine LLP

FCC Proposes Record $5 Million TCPA Fine for 1,100 Prerecorded Election Robocalls

Keeping with its aggressive efforts to combat unwanted robocalls, the Federal Communications Commission (FCC) on August 24, 2021, proposed fining a duo of conservative activists and their business $5.135 million for allegedly...more

American Conference Institute (ACI)

[Virtual Event] 27th NATIONAL FORUM ON Residential Mortgage Regulatory Enforcement & Litigation - November 17th - 18th, 9:00 am -...

ACI’s Residential Mortgage Forum is a premier gathering of leading servicers, lenders, external counsel, and regulators engaging in dialogue on how to navigate the very complex residential mortgage enforcement and litigation...more

Womble Bond Dickinson

Changes on the horizon? Here is the REDLINE You’ve Been Waiting for Tracking How the Stopping Bad Robocalls Act Would Change the...

Womble Bond Dickinson on

Back on June 7, 2018, Representative Frank Pallone, Jr. and Senator Edward J. Markey proposed similar bills to their respective branches of Congress, each entitled the “Stopping Bad Robocalls Act.” The bills are 19 and 18...more

Womble Bond Dickinson

Mystery Solved!: So That’s What Happened to the FCC’s Order Implementing the BBA Amendment to the TCPA Exempting Collectors of...

Womble Bond Dickinson on

Ok, confession time–I love TCPAland. Yes, that is probably the least surprising confession in the history of the world, but here’s why I love it so much–the TCPA is this simple little statute that is so dizzyingly complex...more

Holland & Knight LLP

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

Holland & Knight LLP on

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - December 2016

Defendant’s Attempt to Moot TCPA Suit Fails (Again) - A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute...more

Latham & Watkins LLP

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

Latham & Watkins LLP on

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the...more

Wilson Sonsini Goodrich & Rosati

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

Sheppard Mullin Richter & Hampton LLP

The Eleventh Circuit Reaffirms FCC’s Authority To Coordinate National TCPA Policy And Ensure Uniformity Of Enforcement in Mais v....

Courts that have confronted the application of the “prior express consent” requirement of the Telephone Consumer Protection Act, see 47 U.S.C. § 227 – a.k.a., the TCPA – have in the main taken their cues from and adhered to...more

Robins Kaplan LLP

8 Best Practices to Help You Manage Risks Associated With Mobile “Big Data”

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The more than six billion mobile devices in use worldwide offer companies access to a possible treasure trove of customer information in almost every consumer segment. These devices now create a constant stream of data—from...more

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