On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more
7/11/2025
/ Cell Phones ,
Class Action ,
Consent ,
Do Not Call List ,
Enforcement ,
Judicial Authority ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications
Over the past few years, we’ve seen a wave of consumer lawsuits filed under Florida’s Consumer Collection Practices Act (FCCPA), many of them alleging violations of the law’s “quiet hours” provision based solely on the timing...more
The American Arbitration Association (AAA) recently rolled out significant updates to its Consumer Arbitration Rules and Mediation Procedures, which took effect on May 1, 2025. These changes reflect AAA’s continued commitment...more
The Telephone Consumer Protection Act (TCPA) continues to be a major source of litigation risk for businesses engaged in outbound marketing. In the first quarter of 2025, litigation under the TCPA surged dramatically, with...more
Last year, the FCC adopted new rules under the Telephone Consumer Protection Act (TCPA) designed to expand consumers’ rights to revoke consent to receive robocalls and text messages. As we noted in a prior post, these changes...more
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
3/7/2025
/ Burden of Proof ,
Compliance ,
Consent ,
Consumer Protection Laws ,
Data Privacy ,
FCC ,
Government Agencies ,
New Rules ,
Opt-Outs ,
Privacy Laws ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
The landscape of prior express written consent under the Telephone Consumer Protection Act (TCPA) has undergone a significant shift over the past 13 months. In a December 2023 order, the Federal Communications Commission...more
A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The...more
The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge...more
The frequency of class actions related to data breaches has significantly increased, with no indication that this upward trajectory will plateau. This raises the question: Are there more efficient alternatives to settling...more
A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more
1/25/2024
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Florida ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
NIST ,
Regulatory Agenda ,
Risk Management ,
Safe Harbors ,
State and Local Government ,
State Legislatures
Since its enactment on July 1, 2021, the Florida Telephone Solicitation Act (FTSA) has become a significant pain point for businesses, leading to extensive class action exposure, particularly for those involved in telephonic...more
The Florida Telephone Solicitation Act (FTSA), effective July 1, 2021, has undergone significant amendments as of May 25, 2023, reshaping the legal landscape for businesses in Florida. Initially, the FTSA created a private...more
On Dec. 13, 2023, in a 4-1 vote, the Federal Communications Commission finalized new rules to close the so-called lead generator robocall and robotexts loophole, marking a significant paradigm shift in lead generation...more
1/10/2024
/ Consent ,
Do Not Call List ,
Email ,
FCC ,
Lead Generators ,
New Rules ,
Robocalling ,
Telecommunications ,
Text Messages ,
Third-Party ,
Written Consent
On December 13, 2023, the Federal Communications Commission (FCC) ushered in a new era by enacting transformative rules, marked by a 4-1 vote, aimed at addressing what it viewed as the lead generation loophole. The FCC’s...more