Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more
7/25/2025
/ Advertising ,
Compliance ,
Consent ,
Consumer Protection Act ,
Consumer Protection Laws ,
Data Privacy ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Text Messages ,
Unsolicited Advertisements ,
Websites
In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...more
7/23/2025
/ Advertising ,
Caller ID Services ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Enforcement ,
Litigation Strategies ,
Privacy Laws ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
In line with the Federal Communications Commission’s (“FCC”) initiative to eliminate unnecessary rules, the FCC recently rendered its one-to-one Telephone Consumer Protection Act (“TCPA”) consent rule (“TCPA Rule”) dead by...more
7/18/2025
/ Appeals ,
Consent ,
FCC ,
Judicial Authority ,
Regulatory Authority ,
Regulatory Reform ,
Robocalling ,
Statutory Authority ,
TCPA ,
Telecommunications ,
Telemarketing
Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more
7/10/2025
/ Chevron Deference ,
Consent ,
FCC ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On June 23, 2025, Nip & Tuck Plastic Surgery, 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”). DNC...more
7/10/2025
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Class Action ,
Compliance ,
Consent ,
Do Not Call List ,
FCC ,
Penalties ,
Privacy Laws ,
Regulatory Requirements ,
Robocalling ,
Statutory Damages ,
TCPA ,
Telecommunications ,
Telemarketing
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
6/19/2025
/ Artificial Intelligence ,
Class Action ,
Consent ,
Consumer Protection Laws ,
FCC ,
Healthcare ,
Marketing ,
Proposed Rules ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
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
6/12/2025
/ Class Action ,
Consumer Protection Laws ,
Do Not Call List ,
Enforcement Actions ,
Facebook Inc v Duguid ,
Marketing ,
Robocalling ,
Statutory Damages ,
TCPA ,
Telemarketing ,
Text Messages
Recently, lawsuits alleging violations of the quiet hours restrictions of the Telephone Consumer Protection Act (“TCPA”) have been filed with increasing frequency. One law firm which has been among the most frequent filers...more
Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the...more
By now, many businesses are familiar with The Campaign Registry (or “TCR”). The Campaign Registry was created as a collaboration between major United States mobile telecommunications carriers to address the growing issue of...more
6/4/2025
/ Advertising ,
Compliance ,
Enforcement ,
Filing Deadlines ,
Filing Requirements ,
Marketing ,
Penalties ,
Regulatory Requirements ,
Small Business ,
TCPA ,
Telecommunications ,
Text Messages
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
5/30/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Damages ,
Regulatory Requirements ,
Robocalling ,
Settlement Agreements ,
Statutory Violations ,
TCPA ,
Telemarketing ,
Text Messages
Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late...more
A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more
As our readers are aware, the legality of telemarketing during quiet hours has been a hot topic in recent months. Last week, another putative class action Complaint was filed as a result of text messages that the Plaintiff...more
With AI-generated content becoming more widespread daily, the Federal Communications Commission (“FCC” or “Commission”) has solicited comments from the general public and companies alike in connection with a recent Notice of...more
The Federal Communications Commission (“FCC” or “Commission”) continues to evaluate how artificial intelligence (“AI”) technology impacts the telemarketing industry. As our readers may recall, the FCC issued a Declaratory...more
Earlier this year, United HealthCare Services, Inc. (“Defendant”) agreed to settle a class action robocall lawsuit for $2.5 million. In Samson v. United Healthcare Services, Inc, filed in the United States District Court for...more
The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the...more
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
Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s...more
In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation...more
Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more
2/28/2025
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Class Action ,
Compliance ,
Enforcement Actions ,
Robocalling ,
SCOTUS ,
TCPA ,
Telecommunications ,
Telemarketing
The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more
2/21/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Discovery ,
Enforcement Actions ,
Federal Rules of Civil Procedure ,
Litigation Strategies ,
Regulatory Requirements ,
Subpoenas ,
TCPA ,
Telemarketing
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
2/19/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Enforcement Actions ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best....more
2/17/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Data Privacy ,
FCC ,
Marketing ,
Medicare ,
Privacy Laws ,
Regulatory Requirements ,
TCPA ,
Telemarketing