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
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
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 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
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
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
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
The Telephone Consumer Protection Act (TCPA) poses a constant threat to companies that wish to communicate with existing and prospective customers because the statute imposes strict liability on companies that call or text...more
12/6/2021
/ Auto-Dialed Calls ,
Databases ,
Do Not Call List ,
Due Diligence ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications ,
Telemarketing ,
Third-Party Service Provider
On April 1, 2021, the US Supreme Court issued its long-awaited landmark ruling in Facebook v. Duguid, resolving a Circuit Court split on the definition of an automatic telephone dialing system (ATDS) under the Telephone...more
Supreme Court leaves TCPA intact; strikes down exception for government debt collection -
The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more
3/26/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Caller ID Services ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Free Speech ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
SCOTUS ,
Spoofing ,
TCPA
Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more
1/13/2021
/ Article III ,
Auto-Dialed Calls ,
Biden Administration ,
Corporate Counsel ,
Debt Collection ,
FCC ,
First Amendment ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Third-Party Liability
The Federal Communications Commission (FCC) has set forth final rules pursuant to the federal Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), allowing for further civil forfeiture...more
2019 saw an effort by both Congress and various state legislatures to reduce the volume of robocalling and “spoofed” calls. Robocalls are pre-recorded calls placed through automated dialing equipment while spoofed calls...more
1/15/2020
/ Auto-Dialed Calls ,
Civil Forfeiture ,
Enforcement Authority ,
FCC ,
Forfeiture ,
New Legislation ,
New Regulations ,
Regulatory Violations ,
Robocalling ,
Rulemaking Process ,
Spoofing ,
State Legislatures ,
TCPA ,
Telecommunications
The Telephone Consumer Protection Act (TCPA) is one of the most frequently litigated statutes, spurring individual, and more often, national class action litigation. The pace at which new TCPA suits are filed is not slowing,...more
8/8/2019
/ Administrative Procedure Act ,
Auto-Dialed Calls ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Legislative Agendas ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Private Right of Action ,
Remand ,
Robocalling ,
TCPA ,
Telecommunications ,
Unsolicited Advertisements ,
Unsolicited Faxes
According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned each year. Reassigned...more
12/21/2018
/ Auto-Dialed Calls ,
Databases ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
Spam ,
TCPA ,
Text Messages ,
Wireless Devices
Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International.
TCPA R.I.P.? -
No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more
4/5/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more
3/23/2018
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Smartphones ,
TCPA ,
Telemarketing ,
Text Messages ,
Wireless Devices
Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more
In the face of significant opposition from virtually all quarters, All About The Message, LLC (AATM), has withdrawn its petition asking the Federal Communications Commission (FCC) for a declaratory ruling that a prerecorded...more
With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The...more
Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely...more