News & Analysis as of

Telecommunications Auto-Dialed Calls Prior Express Consent

Manatt, Phelps & Phillips, LLP

Insufficient Allegations Doom TCPA Action

A California federal court recently granted a defendant’s motion to dismiss the Telephone Consumer Protection Act (TCPA) claim brought by a plaintiff alleging that she received a trio of unwanted phone calls, finding that she...more

Orrick, Herrington & Sutcliffe LLP

District Court says defendant violated TCPA written consent requirement

On June 6, the U.S. District Court for the District of Maryland held that the prerecorded telemarking calls placed by a health insurance provider and its affiliated marketing company required prior written consent from...more

Eversheds Sutherland (US) LLP

Redial: 2023 TCPA Year-in-Review

Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more

Ballard Spahr LLP

FCC issues final rule on revocation of consent for robocalls and robotexts

Ballard Spahr LLP on

The Federal Communications Commission (FCC) has issued a final rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to add new provisions addressing how consumers may revoke consent to...more

Kelley Drye & Warren LLP

Calling and Texting Regulations Tightening: FCC Adopts 1:1 TCPA Consent and Do-Not-Text Rules

At its last open meeting of 2023, the FCC voted to adopt new rules ​“to protect consumers from unwanted and illegal text messages and calls.” Among the changes are a new ​“one-to-one” consent requirement for autodialed...more

Venable LLP

Maryland Rings in the New Year with an Expanded Telemarketing Law

Venable LLP on

Telemarketers celebrating the new year should be aware of Maryland’s new telemarketing law, Stop the Spam Calls Act, which took effect January 1, 2024. Like the federal Telephone Consumer Protection Act (TCPA), Maryland now...more

Eversheds Sutherland (US) LLP

Federal Communications Commission upends telemarking consent rules

The Federal Communications Commission (FCC) has adopted new rules that will limit businesses’ ability to rely on lead generators and comparison shopping websites to attract new customers. In an Order issued December 13, 2023,...more

BCLP

Not to be a Grinch, but...is Your Business TCPA Compliant? (With Apologies to Dr. Seuss)

BCLP on

Does your business use text message marketing, telemarketing or faxing? If so, you may be exposing yourself to multi-million dollar liability under the Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

DarrowEverett LLP on

Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Kelley Drye & Warren LLP

Reminder: Federal Communications Commission – July and August Filings

Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends.  Please review the deadlines below and contact us if you would like assistance or have...more

Hogan Lovells

FCC seeks comment on additional TCPA consent rules

Hogan Lovells on

At its June Open Commission Meeting, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that proposes to amend its rules implementing the Telephone Consumer Protection Act (TCPA) and...more

Kelley Drye & Warren LLP

TCPA Tracker - May 2023

CASES OF NOTE - FCC Sheds Light on Significant TCPA Consent Changes in Notice of Proposed Rulemaking - The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA,...more

Womble Bond Dickinson

Connecticut Broadens its Telemarketing Laws

Womble Bond Dickinson on

On June 26, 2023 Connecticut Governor Ned Lamont signed Senate Bill 1058 which expands the state’s telemarketing statutes. These changes were backed by Attorney General William Tong, who noted that Connecticut’s robocall...more

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

Goodwin on

Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more

Brownstein Hyatt Farber Schreck

FCC Updates Rules on Consumers Revoking Consent for Calls and Texts

The Telephone Consumer Protection Act (“TCPA”) and implementing rules by the Federal Communications Commission (“Commission”) bar many types of calls or texts without first having obtained the consent of the called party....more

Womble Bond Dickinson

Mini-TCPA Updates

Womble Bond Dickinson on

May was a big month for State Mini-TCPA statutes. Florida passed an amendment to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059 (“FTSA”), New Jersey amended its telemarketing law with Bill S921 (“Seinfeld...more

Quarles & Brady LLP

A Return to (Relative) Sanity: Amendments to the Florida Telephone Solicitation Act

Quarles & Brady LLP on

Less than two years after amendments to the Florida Telephone Solicitation Act (FTSA) sent shockwaves through the business community and ushered in a flood of litigation, Florida enacted HB 761, which again substantially...more

McGuireWoods LLP

Pro-Business Amendments to Florida’s ‘Mini-TCPA’ Now in Effect

McGuireWoods LLP on

On May 25, 2023, Gov. Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, a state-law analog to the federal Telephone Consumer Protection Act (TCPA)....more

Burr & Forman

Florida Enacts Significant Amendment to Telephone Solicitation Act

Burr & Forman on

In July, 2021, the Florida Telephone Solicitation Act, F.S.A. § 501.059 (“FTSA”), was amended to create a private right of action for those receiving marketing calls and text messages, giving rise to an onslaught of...more

Kelley Drye & Warren LLP

TCPA Tracker - April 2023

Cases of Note - TCPA Claims Dismissed for Lack of Personal Jurisdiction, Failure to Allege an Agency Relationship - The Western District of Texas recently dismissed TCPA claim for the Plaintiff’s failure to allege an...more

Troutman Pepper

New York Federal Court Partially Denies MSJ in TCPA Case Finding Possession of Cell Number Does Not Prove Consent

Troutman Pepper on

A federal district court in the Western District of New York recently denied in part a motion for summary judgment in a case alleging violations of the Telephone Consumer Protection Act (TCPA) based on collection calls and...more

Kelley Drye & Warren LLP

TCPA Tracker - January 2023

RECENT NEWS - FCC Clarifies Ability of Government Agencies and Their Contractors to Make Medicaid Calls - On January 23rd, the FCC released a Declaratory Ruling and Order confirming that federal and state governmental...more

Shipkevich PLLC

FCC Amends TCPA Rules Effective July 20, 2023

Shipkevich PLLC on

On January 23, 2023, the Federal Communications Commission (FCC) announced an important change to its rules regarding calls to residential numbers that are currently exempt from the Telephone Consumer Protection Act (TCPA)....more

Lerman Senter PLLC

July 20, 2023 Effective Date Announced for TCPA Rule Amendments

Lerman Senter PLLC on

The FCC has announced an effective date of July 20, 2023 for rule amendments that affect certain calls to residential numbers that currently are exempt from the Telephone Consumer Protection Act’s (TCPA) prior express consent...more

Troutman Pepper

Ninth Circuit Remand of $925M TCPA Class Award Offers Possible Ceiling on Damages

Troutman Pepper on

Allowable statutory damages under the Telephone Consumer Protection Act (TCPA) have a floor of $500 and, generally speaking, determining total damages is a simple math calculation. In the class action scenario, however, this...more

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