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 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
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 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
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
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
Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more
12/3/2019
/ Auto-Dialed Calls ,
Class Action ,
Energy Sector ,
FCC ,
New Guidance ,
Opt-Outs ,
Prior Express Consent ,
Settlement ,
Solar Energy ,
TCPA ,
Telemarketing ,
Text Messages ,
Utilities Sector
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more
8/14/2018
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dish Network ,
Faxes ,
FCC ,
Marketing ,
TCPA ,
Telemarketing ,
Text Messages ,
Third-Party Liability ,
Unsolicited Faxes ,
Vicarious Liability
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
The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION.
This publication reflects our in-depth analysis...more
Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack of actual harm to class...more
Utility companies continue to face ongoing litigation under the Telephone Consumer Protection Act (TCPA) that can arise from the use of automated communications with customers for purposes of marketing, customer servicing and...more