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Delayed One-to-One Consent Rule Gives Companies Reprieve, Plus Other TCPA Updates

The Federal Communications Commission recently announced that it is postponing the one-to-one consent rule for at least one year. Implementation of the rule would have significantly altered the requirements for obtaining...more

Record Fines and Restrictive Rules: Agencies Take on the TCPA

Recent agency activity — from imposing hefty fines to issuing new rules — demonstrates the FCC and FTC’s continued focus on the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), and underscores the...more

En Banc 11th Circuit Joins Sister Circuits, Deeming One Text Message Enough for TCPA Standing

Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven of its sister Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury required for standing in...more

Pro-Business Amendments to Florida’s ‘Mini-TCPA’ Now in Effect

On May 25, 2023, Gov. Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, a state-law analog to the federal Telephone Consumer Protection Act (TCPA)....more

FCC Drops Message That Ringless Voicemails Are Subject to TCPA

On Nov. 21, 2022, the Federal Communications Commission issued a declaratory ruling and order finding that “ringless voicemails” to wireless phones are “calls” made using an artificial or prerecorded voice. Such calls,...more

12/6/2022  /  FCC , TCPA , Telecommunications , Voicemail

Most COVID-19 Calls Are Not an “Emergency Purpose,” and Other Unexpected Developments

The COVID-19 pandemic has impacted nearly every facet of society in unpredictable ways, and the laws and regulations governing calls and text messages are no exception. The Federal Communications Commission (FCC) issued a...more

Lopsided Circuit Split Favors Narrow Definition of Autodialer

As additional appellate courts grapple with the TCPA’s definition of “automatic telephone dialing system” (ATDS), the split among the U.S. Circuit Courts of Appeals has become increasingly lopsided, with the 7th and 11th...more

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