On September 1, 2025, Texas Senate Bill 140 (SB 140) will go into effect, significantly expanding the scope of telemarketing regulations in Texas. SB 140 impacts multiple subsections of Texas Business and Commerce Code...more
On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more
6/25/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Class Action ,
FCC ,
Hobbs Act ,
Judicial Authority ,
Judicial Review ,
Litigation Strategies ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
Statutory Interpretation ,
TCPA
On May 13, 2025, a $19.5 million settlement of a California Invasion of Privacy Act (CIPA) class action against a major financial institution and its telemarketing vendor moved one step closer to final approval. The...more
On April 7, 2025, with just four days to spare, the Federal Communications Commission (FCC) delayed the effective date of part of its impending rule regarding how companies respond to opt-out requests from individuals to a...more
Barring a last-minute reprieve, the Federal Communications Commission’s (FCC) new rules regarding how consumers can revoke their consent under the Telephone Consumer Protection Act (TCPA) will go into effect on April 11, 2025...more
The Federal Communications Commission (FCC or Commission) issued two notices for public comment in mid-March on hot-button issues, suggesting that newly-minted Chair Brendan Carr’s tenure will be an active one. On March 11,...more
Plaintiffs’ lawyers are capitalizing on ticket sale and resale laws enacted in a handful of states to file class action lawsuits against entertainment venues and ticket resellers that are allegedly “sneaking” in fees for...more
Late on Friday, January 24, 2025, much to the relief of lead generators and their customers across the country, the US Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) so-called...more
On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more
11/18/2024
/ Advertising ,
Ambiguous ,
ATDS ,
Auto-Dialed Calls ,
Class Action ,
Consent ,
Declaratory Rulings ,
FCC ,
New Rules ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing
The United States Supreme Court will hear the case McLaughlin Chiropractic Associates Inc. v. McKesson Corporation, which poses the question of whether federal district courts, under the Hobbs Act, must adhere to the rulings...more
On August 7, 2024, the Federal Communications Commission (FCC), continuing to build on last year’s Notice of Inquiry regarding AI-generated calls under the Telephone Consumer Protection Act (TCPA), unanimously issued a Notice...more
On May 6, 2024, Georgia Governor Brian Kemp signed into law SB 73, which amends Georgia’s existing telemarketing laws, officially adding Georgia to the growing patchwork of states across the country that have introduced their...more
On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more
On February 15, 2024, the Federal Communications Commission (FCC) published a Report and Order (Order) that attempts to clarify the rules for revoking consent under the Telephone Consumer Protection Act (TCPA). Most notably,...more
Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more
On February 8, 2024, the Federal Communications Commission (FCC) issued a News Release titled “FCC Makes AI-Generated Voices in Robocalls Illegal.” Despite this attention-grabbing headline, the FCC’s unanimous Declaratory...more
Eversheds Sutherland presents periodic updates to inform companies entering or already established in the US market about newly enacted rules or trends that may be traps for the unwary. The purpose of these updates is to...more
In the United States, consumer-facing companies must comply with not just one set of laws but the laws of all 50 states. Eversheds Sutherland presents periodic consumer-related updates to inform companies entering or already...more
The Federal Communications Commission (FCC) has adopted new rules that will limit businesses’ ability to rely on lead generators and comparison shopping websites to attract new customers. In an Order issued December 13, 2023,...more
The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more
10/5/2023
/ Amended Legislation ,
Auto-Dialed Calls ,
Do Not Call List ,
FCC ,
New Legislation ,
Private Right of Action ,
Robocalling ,
State and Local Government ,
Statutory Penalties ,
TCPA ,
Telemarketing
On May 25, 2023, Florida Governor Ron DeSantis signed a significant amendment to the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), sometimes referred to as the Florida mini-Telephone Consumer Protection Act...more
Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more
6/2/2023
/ Advertising ,
Class Action ,
False Advertising ,
Fashion Industry ,
Greenwashing ,
Marketing ,
Popular ,
Product Labels ,
Sustainability ,
Sustainable Business Practices ,
Unfair or Deceptive Trade Practices
In a flurry of activity at its meeting on March 16, 2023, the Federal Communications Commission (FCC), finalized rules aimed at robocaller identification and mobile carrier requirements, and proposed a new rule for comment...more
In early 2021, the United States Supreme Court issued its ruling in Facebook v. Duguid, 141 S. Ct. 1163 (2021), which significantly narrowed the definition of an automatic telephone dialing system (ATDS or auto-dialer) under...more
As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more
1/24/2023
/ Advertising ,
Business Strategies ,
Class Action ,
False Advertising ,
Fashion Industry ,
Greenwashing ,
H&M ,
Marketing ,
Putative Class Actions ,
Sustainability ,
Trademarks