News & Analysis as of

Text Messages Consumer Protection Laws

Troutman Amin LLP

NOT “UNREASONABLE: Three Texts Over Seven Days After Revocation Not Sufficient to Show Lack of Internal DNC Policy

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TCPA revocation cases are on the rise, and a closely related type of case– the internal DNC claim– is on the rise along with it. There is a slight difference between the two types of cases, and one which we don’t talk about...more

Troutman Amin LLP

FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That...

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2025 has been the Year of the TCPA Class Action with filings more than doubling from last year. And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova. Fashion Nova, which Wikipedia...more

Klein Moynihan Turco LLP

Let’s Be Real: AI TCPA Lawsuits Are on the Rise

Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v....more

Blank Rome LLP

Texas SB140: Changes to Telemarketing Law May Reshape Compliance and Litigation Risks

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Texas is poised for a significant overhaul of its telemarketing regulations with the anticipated enactment of Senate Bill 140 (“SB140”). Awaiting Governor Abbott’s signature and scheduled to take effect on September 1, 2025,...more

Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

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After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

Klein Moynihan Turco LLP

Stock Advisory Hit With DNC Registry Lawsuit

On June 9, 2025, Tradercodes, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). The National DNC...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #446 – Department of Motor Vehicles Warns Drivers About Smishing Text Surge

Smishing schemes involving Departments of Motor Vehicles nationwide have increased. Scammers are sending SMS text messages falsely claiming to be from the DMV that “are designed to deceive recipients into clicking malicious...more

Klein Moynihan Turco LLP

TCPA Complaints Can Cost a Lot of Dough!

On May 23, 2025, Pizza Hut (“Defendant”) entered into a settlement agreement to resolve a putative class action lawsuit filed in the United States District Court for the Western District of Louisiana. In Brennan v. Pizza Hut,...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

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The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

Blank Rome LLP

Clocked In: FCC Seeks Clarity on Call Time Rules

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In our previous alert, Tick-Tock, Don’t Get Caught: Navigating TCPA’s Quiet Hours, we discussed a growing wave of lawsuits targeting businesses under the Telephone Consumer Protection Act (“TCPA”) for allegedly sending text...more

Venable LLP

Telemarketing and Texting

Venable LLP on

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #440 – Text Scam Proceeds Surpass $470M in 2024

I have been getting a lot of texts that are clearly scams, and those around me have confirmed an increase in spammy texts. According to an FTC Consumer Protection Data Spotlight, individuals lost over $470 million...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Hulce – The TCPA’S “Free” Pass

With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

Kelley Drye & Warren LLP

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

Orrick, Herrington & Sutcliffe LLP

Petition urges FCC to clarify Telephone Consumer Protection Act, curb litigation abuse

On March 11, the FCC released a Public Notice seeking comment on a petition for a declaratory ruling and/or waiver filed by petitioners who request the FCC clarify its Telephone Consumer Protection Act (TCPA) rules. The...more

Klein Moynihan Turco LLP

Reasons for TCR Registration Denial

Mobile carriers continue to require TCR registration for telephone numbers that are routed through a virtual phone service provider (“service provider”). Most, if not all, service providers have created separate divisions to...more

Benesch

Time of Day TCPA Cases Inundate the Federal Docket

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The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more

Klein Moynihan Turco LLP

Do Not Disturb: Observe Telemarketing Hours!

Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...more

Bradley Arant Boult Cummings LLP

FCC’s New Consent Revocation Rule Set to Take Effect in April 2025

The Federal Communications Commission (FCC) has a new rule under the TCPA for revocation of consent for robocalls and text messages set to go into effect on April 11, 2025. This rule is designed to give consumers greater...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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — February 2025

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Not Dead Yet

As we previously reported, at the eleventh hour, the Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) much-anticipated one-to-one consent rule in Insurance Marketing Coalition...more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...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

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