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Telephone Consumer Protection Act Text Messages Consumer Privacy Rights

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Cozen O'Connor

Bipartisan AGs Support FCC’s Rule Closing RoboCall Loophole

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A bipartisan coalition of 28 AGs filed an amicus brief supporting the FCC in its defense of its “one-to-one consent” Rule, which would close a consent loophole by requiring written consent from consumers for robocalls and...more

Buchalter

One Florida Firm is Targeting Ecommerce Brands With TCPA Class Actions Claiming That Promotional Text Messages Sent Outside of...

Buchalter on

In 2024, a single firm in Florida started targeting social media users with an ad campaign claiming that any promotional text message sent outside the hours of 8am and 9pm violates the Telephone Consumer Protection Act. This...more

Klein Moynihan Turco LLP

Do You Need Help With TCR Registration?

If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more

Wiley Rein LLP

Reminder: FCC’s One-to-One TCPA Consent Rule Takes Effect January 27, Raising Enforcement and Litigation Risks

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The Federal Communications Commission’s (FCC or Commission) new Telephone Consumer Protection Act (TCPA) one-to-one consent rule takes effect in less than one week – on January 27, 2025. The new rule, once effective, will...more

Klein Moynihan Turco LLP

Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action

Klein Moynihan Turco LLP on

On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

Troutman Pepper Locke

Effective Dates Announced for Amendments to TCPA Rules

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The Federal Communications Commission (FCC) has announced new effective dates for amendments to rules under the Telephone Consumer Protection Act (TCPA) aimed at strengthening consumer protections against robocalls and...more

Wiley Rein LLP

FCC Sets October Comment Deadlines on NPRM for AI-Generated Calls and Texts

Wiley Rein LLP on

The Federal Communications Commission (FCC or Commission) has announced comment deadlines for a Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) released in early August that, among other things, proposes...more

Amundsen Davis LLC

Put Down Your Phone and Watch Those Texts: New Regulations Impacting Your Outreach to Customers, Clients and Contacts

Amundsen Davis LLC on

The speed, sophistication, and ease of a company’s communications or outreach with and to their customers or clients only continues to get better and better. Just ask your marketing and sales teams about the new technology or...more

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more

Klein Moynihan Turco LLP

Defendants Did Not Violate Do Not Call TCPA Rule

On January 8, 2024, the United States District Court for the Eastern District of Missouri issued a decision involving Telephone Consumer Privacy Act (“TCPA”) internal Do-Not-Call rule (“DNC”) allegations. As our readership is...more

Venable LLP

New Bill to Modernize the TCPA Would Significantly Expand Potential Liability

Venable LLP on

On January 29, 2024, Congressman Frank Pallone, Jr. introduced the Do Not Disturb Act, a bill that would amend the Telephone Consumer Protection Act (TCPA) and “fix” the Supreme Court’s ruling in Duguid that limited the...more

Goodwin

FCC Confirms A.I.-Generated Robocall Voices Are “Artificial” under the TCPA

Goodwin on

Last week, the Federal Communications Commission (FCC) released a Declaratory Ruling stating that existing federal regulations related to using “an artificial or prerecorded voice” to deliver a telephone message, also...more

Wilson Sonsini Goodrich & Rosati

FCC Rules AI-Generated Voices Are “Artificial” Under the TCPA

The Federal Communications Commission (FCC) recently declared that AI-generated voices do fall within the meaning of “artificial” under the Telephone Consumer Protection Act (TCPA) in a ruling issued on February 8, 2024. The...more

Troutman Pepper Locke

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

Troutman Pepper Locke on

Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Ballard Spahr LLP

FCC and FTC Announce new AI Calling and Voice Initiatives

Ballard Spahr LLP on

On November 16th, the Federal Communications Commission (“FCC”) and Federal Trade Commission (“FTC”) announced new independent initiatives regarding the use and implications of AI technologies on consumers in the context of...more

Bilzin Sumberg

Florida Legislature Rolls Back Mini-TCPA While Florida Courts Make TCPA Claims Harder to File

Bilzin Sumberg on

May was a difficult month for plaintiffs and potential plaintiffs with alleged Telephone Consumer Privacy Act and Florida Telephone Solicitation Act (“FTSA,” aka Florida’s “Mini-TCPA”) claims in Florida. First, the...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - November 14-18, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decision last week: Yahoo, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. S253593. Yahoo!’s insurer, National Union, refused to indemnify Yahoo! in...more

Faegre Drinker Biddle & Reath LLP

S.D. Cal. Court Dismisses Claims, Finding Text Messages at Issue Were Not “Telephone Solicitations”

The Southern District of California recently granted (in part) a motion to dismiss in Gross v. GG Homes, Inc., 2021 WL 2863623 (S.D. Cal. 2021), because the text messages at issue were not “telephone solicitations” within the...more

Neal, Gerber & Eisenberg LLP

Client Alert: Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk

In recent years, the Telephone Consumer Protection Act (“TCPA”) has been a major source of potential liability for companies that send marketing text messages.  ...more

Womble Bond Dickinson

CCPA Creates Possible Dilemmas for Companies Sending Text Messages. Is Your Business Ready?

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Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Mintz

TCPA Legislative Update: TRACED and HANGUP Acts Target Robocalls

Mintz on

In early March, Sens. Ed Markey (D-MA) and Mike Lee (R-UT), along with Rep. Anna Eshoo (D-CA), reintroduced the Help Americans Never Get Unwanted Phone Calls (HANGUP) Act. The legislation would rescind an Obama-era measure,...more

Womble Bond Dickinson

Ninth Circuit Drops the Hammer on Opt Out Evader in TCPA Case

Womble Bond Dickinson on

Today the Ninth Circuit made it clear that it will not tolerate Opt-Out Evaders in its Circuit. Opt-out evaders are unpleasant residents of TCPAland that set up “test” cases by, inter alia, sending everything but “stop” to...more

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