News & Analysis as of

Telecommunications Opt-Outs

Womble Bond Dickinson

FCC’s Net Neutrality Order Extends Exclusive Access Prohibitions to Broadband-Only Services Delivered to Residential and...

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In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more

Manatt, Phelps & Phillips, LLP

Opt-In Texts Violated the TCPA, Arizona Court Rules

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Two Courts Agree With Defendant’s Challenges to Imprecise TCPA Class...

Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...more

Manatt, Phelps & Phillips, LLP

One Business Day After ‘STOP’ Text Not Enough For Suit

A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined....more

Troutman Pepper

FCC Issues Mixed-Bag Amended TCPA Exemptions Order

Troutman Pepper on

As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule in December 2020 that would place new call-frequency limitations and opt-out requirements on certain prerecorded...more

Faegre Drinker Biddle & Reath LLP

FCC Acts on Pending Reconsideration Petitions of its 2020 TCPA Exemptions Order

The Telephone Consumer Protection Act of 1991 (TCPA) restricts many types of calls to residential and wireless telephone numbers if they are made without the prior express consent of the called party or a statutory exemption...more

Hogan Lovells

Establishment of new regulation regarding user related information such as cookies in Japan

Hogan Lovells on

On June 17th, 2022, the amendment to the Japanese Telecommunications Business Act (TBA) was promulgated, particularly, relating to cookies and the expanded scope of telecommunications services regulated by the TBA. Although...more

Fox Rothschild LLP

No Cookies for You: DSK TTDSG Guidelines Impose Strict Limitations

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The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on December 1, 2021...more

Goodwin

FCC’S Year-End TCPA Orders Place New Limitations on Automated & Prerecorded Calls

Goodwin on

Financial Services, Healthcare, and Technology sector clients — and any company that places non-marketing calls or text communications to customers by automated means — should pay close attention to two new FCC orders from...more

Wiley Rein LLP

TCPA Update: FCC Imposes New Call Limits and Opt-Out Requirements

Wiley Rein LLP on

On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...more

Manatt, Phelps & Phillips, LLP

FCC Issues Declaratory Ruling and Order in Anthem, Inc.

On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

Ballard Spahr LLP

FCC seeks comment on petition requesting ruling on TCPA’s application to opt-out confirmation text messages

Ballard Spahr LLP on

The FCC has issued a notice announcing that it is seeking comment on a petition filed by Capital One Services, LLC (Capital One) that asks the FCC to issue a declaratory ruling to confirm that the recipient of an opt-out...more

Holland & Knight LLP

Pennsylvania Gives Telephone Subscribers New Protections Against Telemarketers/Robocallers

Holland & Knight LLP on

Pennsylvania has enacted House Bill (HB) 318,1 which expands and extends the protections given to Pennsylvania residential and wireless telephone subscribers by the 1996 Telemarketer Registration Act (TRA) in connection with...more

Faegre Drinker Biddle & Reath LLP

The Next Round of the FCC’s “Call Blocking by Default” Approach Kicks off with a Further Notice of Proposed Rulemaking

By directing voice service providers to deal with “unwanted calls” as part of its anti-robocall policies, the FCC seems to have moved well beyond addressing “illegal and spoofed robocalls.” The text of the FCC’s new “Call...more

Womble Bond Dickinson

FCC’s New “Call Blocking by Default” Rules Could Create Unintended Consequences for American Businesses

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Written by Artin Betpera and David Carter The FCC has adopted a declaratory ruling allowing carriers to automatically opt consumers into call blocking programs. The new rules give carriers the option of opting consumers in by...more

Faegre Drinker Biddle & Reath LLP

FCC Adopts Controversial Declaratory Ruling Encouraging “Call Blocking By Default”

Voice service providers soon may dictate which calls will reach you. The FCC honed in on “unwanted calls” when it voted at its Open Meeting yesterday to adopt a Declaratory Ruling and Third Further Proposed Rulemaking (the...more

Proskauer - New Media & Technology

FCC Approves Rule That Would Permit Cable Providers to Send More Notices via Email

In an effort to modernize communications, the Federal Communications Commission (“FCC”) decided to allow cable operators to deliver general subscriber notices required under so-called Subpart T rules (47 CFR §§ 76.1601 et...more

Womble Bond Dickinson

FROM THE MAILBAG: The Czar Answers TCPAland Questions About Timing of Revocation/Recycled Number Requests, Healthcare Exemption

Womble Bond Dickinson on

NOT LEGAL ADVICE, NOT LEGAL ADVICE, NOT LEGAL ADVICE–DON’T RELY ON THIS–CONSULT AN ATTORNEY - Every once in a while we get some questions from our loyal readers. Thought I’d take a minute and provide a few answers where I...more

Davis Wright Tremaine LLP

FCC Plans to Modernize “Written Notice” Rules for Cable Operators

On October 25, 2018, the FCC released a draft Report and Order that would expressly allow cable operators to provide certain written customer communications electronically. As part of the FCC’s “Modernization of Media...more

Womble Bond Dickinson

REPUBLISHED TCPA Horror Story: 1 Fax+1 Lawsuit = $12.5M Award– Man’s home, business in limbo

Womble Bond Dickinson on

OCEAN CITY – A local man is fighting to save his beachfront home after a crushing legal award of $12.5 million in damages. He said it’s over sending a single fax to a company in Pope County, Ark. Gene Kalsky was recently...more

Akin Gump Strauss Hauer & Feld LLP

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

Kelley Drye & Warren LLP

June 2017 FCC Meeting Recap: FCC Adopts Rules to Govern State Opt-out of FirstNet Plan

At its June 2017 Open Meeting, the Federal Communications Commission’s (“FCC” or “Commission”) unanimously approved a process to review the alternative plans of States and Territories (“States”) that seek to opt out of the...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Junks the FCC’s Junk Fax Rule

The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov...more

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