News & Analysis as of

Telecommunications Robocalling 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

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

Cooley LLP

FCC Adopts New TCPA Rules for Lead-Generated Communications

Cooley LLP on

Marketers that solicit sales or advertise products or services using “robocalls” or “robotexts” (i.e., calls or texts that are initiated using an “automatic telephone dialing system” or voice calls made using an artificial or...more

Womble Bond Dickinson

FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and “Red Flag” Text Blocking Rules, and Seeks...

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On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it...more

Locke Lord LLP

New FCC Rules for Lead Generation ‎Under the TCPA

Locke Lord LLP on

At its December 13, 2023 meeting, the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second...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

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

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

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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

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

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

Kelley Drye & Warren LLP

TCPA Tracker - December 2022

RECENT NEWS - FCC Cracks Down on Student-Loan Scams: Orders Voice Service Providers to Stop Carrying Robocalls from “Student Loan Robocall Operation” - On December 8, 2022, the FCC ordered all voice service providers to...more

Venable LLP

FCC Clarifies Express Written Consent Requirement for Exempt Callers under TCPA and TRACED Act

Venable LLP on

On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling clarifying the express consent requirements for calls placed to residential landlines under the...more

Ballard Spahr LLP

Ninth Circuit panel follows circuit precedent on TCPA autodialer definition but concurring judge takes issue with precedent

Ballard Spahr LLP on

A Ninth Circuit panel affirmed the district court’s dismissal with prejudice of a class action complaint in which the plaintiff alleged that Meta Platforms, Inc. (Meta) violated the Telephone Consumer Protection Act (TCPA) by...more

Manatt, Phelps & Phillips, LLP

Chatbot Not a ‘Voice’ for TCPA Purposes, California Federal Court Holds

A California federal court recently rejected a plaintiff’s contention that text messages from a chatbot fell within the provisions of the Telephone Consumer Protection Act (TCPA) prohibiting unsolicited calls made using an...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - December 2022

Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

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