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
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
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
Mobile carriers continue to require TCR registration for telephone numbers that are routed through a virtual phone service provider (“service provider”). Most, if not all, service providers have created separate divisions to...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
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
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
In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more
Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida issued a useful decision for Telephone Consumer Protection Act...more
The Federal Communications Commission’s (“FCC”) one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit heard oral argument this week over a challenge to the...more
On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis...more
As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing an end, now is a good time to...more
On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more
On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more
Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more
With the use of artificial intelligence (“AI”) becoming more widespread across almost all aspects of life, the FCC has taken several steps to regulate its use in the telemarketing space. As our readers are aware, earlier this...more
Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more
On April 29, 2024, the Federal Communications Commission (“FCC”) announced that it had fined the nation’s largest wireless carriers a total of $196 million for violating consumer data privacy rights. AT&T, Sprint, T-Mobile...more
5/6/2024
/ AT&T ,
Communications Act of 1934 ,
Consent ,
Consumer Privacy Rights ,
Data Brokers ,
Data Sellers ,
FCC ,
Geolocation ,
Location Data ,
Notice of Apparent Liability (NAL) ,
Sprint ,
T-Mobile ,
Telecommunications ,
Third-Party ,
Unauthorized Disclosure ,
Verizon ,
Whistleblowers
The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses...more
On February 8, 2024, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act (“TCPA”) and its...more