News & Analysis as of

Text Messages Prior Express Consent ATDS

Troutman Pepper Locke

Effective Date Announced for New TCPA Rules on Consent Revocation

Troutman Pepper Locke on

As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more

Klein Moynihan Turco LLP

Are Law Firms Susceptible to TCPA ATDS Claims?

On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National...more

Troutman Pepper Locke

New FCC Rules for Lead Generation ‎Under the TCPA

Troutman Pepper Locke 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

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

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

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

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

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more

Kelley Drye & Warren LLP

TCPA Tracker - October 2022

FCC PETITIONS TRACKER - Kelley Drye’s Communications group prepares a comprehensive summary of pending petitions and FCC actions relating to the scope and interpretation of the TCPA. Highlights of this month’s summary are...more

Kelley Drye & Warren LLP

TCPA Tracker - August & September 2022

FCC Petitions Tracker - Kelley Drye’s Communications group prepares a comprehensive summary of pending petitions and FCC actions relating to the scope and interpretation of the TCPA....more

Kelley Drye & Warren LLP

TCPA Tracker - July 2022

Recent News - Recent FCC News - The Federal Communications Commission, at its July 14, 2022 Open Meeting, issued one of its largest proposed fines ever against an individual and his companies that engaged in conduct...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - July 2022

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

Goodwin

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers...

Goodwin on

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more

Kelley Drye & Warren LLP

TCPA Tracker June 2022

Recent News - FCC Adopts Order Hindering Internationally Originated Robocalls - In its May 19, 2022 meeting, the FCC adopted its order imposing significant restrictions on the ability of service providers to...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - June 2022

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

Goodwin

Florida’s Telephone Solicitation Act Survives First Constitutional Challenge

Goodwin on

Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - February 2022

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - December 2021

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2021

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

Kelley Drye & Warren LLP

TCPA Tracker - October 2021

Recent News - Reassigned Number Database to Begin November 1; Bureau Sets Interim Rates - On October 1, 2021, the FCC’s Consumer and Governmental Affairs Bureau announced interim usage charges for the new Reassigned...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - October 2021

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - September 2021

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

Womble Bond Dickinson

Company Using Predictive Dialer Prevails in Post-Facebook Decision

Womble Bond Dickinson on

A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer. In Grome v. USAA Savings Bank, No. 4:19-CV-3080, 2021 WL 3883713 (D....more

Kelley Drye & Warren LLP

TCPA Tracker - August 2021

Recent News - FCC Opens Proceeding to Determine if VoIP Providers Should Have Additional Anti-Robocall Obligations - On August 6, 2021, the FCC adopted a Further Notice of Proposed Rulemaking to consider additional...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - August 2021

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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