In a new 6-3 opinion, the US Supreme Court has cast further doubt into TCPA litigation. The decade-old underlying case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., was filed after the defendant...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA)....more
In 2024, plaintiff Vicki Coffey allegedly received “numerous telephone calls and text messages . . . seeking to solicit Plaintiff to sell her home . . . .” The first, for example, asked, “Have you given up on selling your . ....more
One-to-One Consent 11th Circuit Challenge Dead -
As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover two...more
With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more
As we previously reported, at the eleventh hour, the Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) much-anticipated one-to-one consent rule in Insurance Marketing Coalition...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
2/24/2025
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
ECPA ,
Invasion of Privacy ,
Privacy Laws ,
Sensitive Personal Information ,
Stored Communications Act ,
Web Tracking
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we discuss the...more
2/3/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Enforcement Actions ,
Executive Orders ,
FCC ,
Robocalling ,
TCPA ,
Telemarketing ,
TRACED Act
Just one business day before the FCC’s one-to-one consent rule was set to go into effect, the rule became no more following the Eleventh Circuit’s decision in Insurance Marketing Coalition v. FCC....more
2/3/2025
/ Compliance ,
Consent ,
Consumer Privacy Rights ,
Enforcement Actions ,
FCC ,
Marketing ,
Prior Express Consent ,
Regulation ,
TCPA ,
Telecommunications ,
Telemarketing
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a...more
Fourth Circuit Potentially Weighing In on E-SIGN Act -
As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more
12/24/2024
/ Appeals ,
Automated Systems ,
Class Action ,
Compliance ,
Do Not Call List ,
E-SIGN ,
Interlocutory Orders ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Robocalling ,
SCOTUS ,
Summary Judgment ,
TCPA ,
Text Messages
The Telephone Consumer Protection Act (TCPA) can be a difficult and complex area of law to litigate. In recent years, the plaintiffs’ bar has upped that difficulty and complexity by targeting products designed to help with...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover an FCC...more
The Supreme Court is poised to provide further guidance on the limits of agency rulings. The case is McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., No. 23-1226, and it raises the issue of whether the...more
In a significant new decision, a federal court in Florida dismissed a class action in Harrell v. Aquion, Inc., Home Depot U.S.A., Inc., and A&B Marketing, Inc., 2024 WL 4188389 (M.D. Fla. Sept. 13, 2024), holding that a...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we discuss a...more
One of the most difficult questions to answer in the context of the Telephone Consumer Protection Act is whether a call or text message qualifies as telemarketing and requires heightened consent. In the last month, the US...more
In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more
Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses. In this article, we focus on a recent decision from...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a...more
The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more