News & Analysis as of

Telemarketing

Orrick, Herrington & Sutcliffe LLP

District Court Dismisses Telephone Consumer Protection Act Text Message Claim, Finds Statute Does Not Cover Texts

On October 24, a judge in the U.S. District Court for the Middle District of Florida dismissed a lawsuit alleging promotional text messages sent to a consumer’s phone violated the Telephone Consumer Protection Act (TCPA). The...more

Orrick, Herrington & Sutcliffe LLP

New Jersey attorney general secures $2.8M settlement over deceptive real estate practices

On October 31, the New Jersey Office of the Attorney General (OAG) announced a $2.8 million settlement with a real estate company. The settlement resolved claims that the company and its principals violated the Garden State’s...more

Klein Moynihan Turco LLP

It’s A Brave New World for TCPA Claims

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After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges to these claims on grounds...more

Lathrop GPM

Illinois Federal Court Transfers TCPA Class Action against Manufacture and Seller

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A federal court in Illinois recently transferred a Washington resident’s putative class action to Washington, finding the Northern District of Illinois lacked jurisdiction over a Washington-based defendant, Northwest Bath...more

Morrison & Foerster LLP - Social Media

Social Links: Robots, Rewinds, and a Rocky Mountain High

A new bipartisan bill introduced in the U.S. Senate would make it illegal for minors to use “companion” AI chatbots, with criminal penalties for systems that engage children in sexual or self-harm discussions. Dubbed the...more

Kohrman Jackson & Krantz LLP

Texas’ Expanding Digital Compliance Frontier: Taking Aim at Your Websites & Your Personal Identity

The legal landscape for digital compliance in Texas has shifted dramatically in recent months, as legislators have advanced a series of sweeping requirements for age verification and consumer protection online. These new laws...more

Kelley Drye & Warren LLP

Look Who’s Calling: FCC Includes Proposals to Roll Back Several TCPA Rules As Part of ​“Call Branding” Initiative

Despite the ongoing government shutdown, the Federal Communications Commission (FCC) held its regularly scheduled monthly open meeting on October 28. At the meeting, the three Commissioners unanimously approved a Notice of...more

Brownstein Hyatt Farber Schreck

FCC Proposes Major Changes to Robocall Rules

On Oct. 29, the Federal Communications Commission (FCC) unanimously adopted the Improving Verification and Presentation of Caller Identification Information Further Notice of Proposed Rulemaking (“FNPRM”). The FNPRM addresses...more

Klein Moynihan Turco LLP

Court Rules That Text Messages Are Not Calls for TCPA DNC Purposes

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On October 24 2025, the United States District Court for the Middle District of Florida issued another favorable decision for companies contesting National Do Not Call (“DNC”) claims. In El Sayed v. Naturopathica Holistic...more

Eversheds Sutherland (US) LLP

FCC Proposes Broad TCPA Rule Changes

On October 7, 2025, the Federal Communications Commission (FCC) released a draft Further Notice of Proposed Rulemaking (FNPRM) that is intended to streamline or eliminate certain regulatory requirements under the Telephone...more

Burr & Forman

A Second Florida District Court Holds Texts Don’t Support TCPA DNC Claims

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Aliana El Sayed v. Nuturopathica Health, Inc., 8:25-cv-00846-SDM-CPT, 2025 WL 2997759 (M.D. Fla. Oct. 24, 2025) - Defendant sent Plaintiff a promotion text message in February 2022 despite his number being on the national...more

BakerHostetler

[Podcast] The Data Stream – Episode 3 with Melinda McLellan

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The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman...more

BCLP

New Notice of Proposed Rulemaking for the TCPA - What Could Change?

BCLP on

The FCC dropped another bombshell related to the Telephone Consumer Protection Act (“TCPA”), but this one may be welcome for businesses that use telemarketing or send marketing text messages to consumers. ...more

Shipkevich PLLC

September 2025 Litigation Update: TCPA and FDCPA Filings Sharply Rise as CFPB Complaints Continue to Climb

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Following a brief decline in August, consumer litigation has regained momentum in September. WebRecon’s latest data shows that filings under the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices...more

Klein Moynihan Turco LLP

Telemarketing Consent Revocation Rule News

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In a recent piece, we discussed a draft Notice of Proposed Rulemaking (“NPRM”) from the Federal Communications Commission (“FCC”) that could drastically alter the telemarketing law landscape. Within that same NPRM, the FCC...more

BakerHostetler

Government Shutter Does Not Deter FTC from Creating Tax Telemarketer Shudders

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As we enter the third week of the government shutdown, we notice that the FTC announced a brand-new consumer protection action, which is something we rarely see during a shutdown. The FTC is one of the federal agencies that...more

Burr & Forman

Illinois District Court Holds Introduction of Prerecorded Message During Call Does Not Violate the TCPA

Burr & Forman on

Moore v. Farmers Group, Inc., No. 23-cv-16587, 2025 WL 2962623 (N.D. Ill. Oct. 20, 2025)- Plaintiff filed a putative class action lawsuit alleging, among other claims, that Defendant violated Section 227(b)(1) of the TCPA,...more

Eversheds Sutherland (US) LLP

Denial of Class Certification in TCPA Suit Highlights Importance of Established Business Relationship Defense

In a decision issued on September 30, 2025, an Arizona district court reinforced the importance of a key defense for companies facing Telephone Consumer Protection Act (TCPA) claims arising from communications with customers....more

Wiley Rein LLP

Wiley Consumer Protection Download (October 21, 2025)

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FTC and Nevada AG Obtain Temporary Restraining Order and Asset Freeze Against Tax Debt Relief Company, Its Affiliates, and Its Operators for Allegedly Deceptive Practices. On October 6, the FTC and Nevada Attorney General...more

Epstein Becker & Green

Texas’s Expanded Telemarketing Restrictions Go Into Effect

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The federal Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227, was enacted in 1991 to protect consumers from unsolicited telemarketing calls, faxes, and now text messages....more

Benesch

Opportunity and Uncertainty in Equal Measure: What You Should Know About the FCC’s Proposed TCPA Rulemaking

Benesch on

The FCC has proposed significant TCPA updates to simplify do-not-call rules, refine consent revocation, and strengthen caller ID authentication to combat fraud....more

Klein Moynihan Turco LLP

Cancelled?! – FCC Announces Major Internal DNC Rule Change!

Klein Moynihan Turco LLP on

On October 8, 2025, the Federal Communications Commission (“FCC”) released a draft Notice of Proposed Rulemaking (“NPRM”) that, if adopted, could restructure the landscape of telemarketing law. The NPRM appears to continue...more

Orrick, Herrington & Sutcliffe LLP

FTC announces $5.7M settlement to resolve prior violations by credit report provider

On September 29, the FTC announced a $5.7 million proposed settlement with a business credit report provider to resolve allegations that it violated a 2022 FTC order. ...more

Sheppard Mullin Richter & Hampton LLP

FTC and DOJ Settle with Disability-Advocacy Company for Alleged Illegal Telemarketing Practices

On September 30, the FTC and the DOJ announced a settlement resolving allegations that a Massachusetts-based disability-advocacy company and its subsidiary violated the Telemarketing Sales Rule and FTC Act. The FTC alleged...more

Schwabe, Williamson & Wyatt PC

New Texas Law Impacts SMS & MMS Marketing

Texas Senate Bill 140 (SB 140) amends the Texas Business & Commerce Code and significantly expands the state’s telemarketing regulations to include text and multimedia (SMS/MMS) messages, thus imposing new compliance...more

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