News & Analysis as of

Text Messages Consumer Privacy Rights

Troutman Amin LLP

ITS HERE: The First of a Wave of New “Keyword Avoider” SMS Opt Out TCPA Class Actions Has Been Filed And TCPAWorld Will Never Be...

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An attorney named Jeff Lohman recently narrowly escaped a jury verdict against him on a RICO claim arising out of allegations he had manufactured TCPA claims by encouraging clients to use vague opt out language during phone...more

Troutman Amin LLP

FLIP OUT: New Complaint Against Humans, Inc. Demonstrates the Risk to App Publishers that Push SMS To Contact Lists

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We are always on the lookout for the latest trends in TCPA litigation here at TCPAWorld.com. Obviously the biggest trend right now is a massive increase in TCPA class actions– up over 100% year over year....more

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...

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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

Sheppard Mullin Richter & Hampton LLP

Delays Implementation of One-to-One Consent Rule

On January 24, the FCC issued an order postponing the effective date of its one-to-one consent rule. The rule, which would have required companies to obtain individual consent for each marketing partner before sharing...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

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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

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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

Brownstein Hyatt Farber Schreck

FCC Proposes New AI-Generated Robocall Rules

On Aug. 7, the Federal Communications Commission (FCC) voted to propose new rules to require callers to disclose if they are using artificial intelligence (AI) in robocalls and robotexts. If adopted, the new rules would set...more

Amundsen Davis LLC

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

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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

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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

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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

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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...

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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

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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

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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

Burr & Forman

Florida Enacts Significant Amendment to Telephone Solicitation Act

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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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 24, 2022

North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more

Dorsey & Whitney LLP

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

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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

Fox Rothschild LLP

The 9th Circuit Reversed a Consumer Wiretapping Dismissal Involving the Use of Session Replay Software. Does It Change Anything?

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Anyone following consumer privacy trends is likely aware of the wave of consumer litigations filed against website owners/operators alleging violations of state wiretapping statutes based on the use of so-called “session...more

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