Following a January 2025 decision by the Eleventh Circuit Court, the Federal Communications Commission (FCC or Commission) has repealed its one-to-one consent rule for prior express written consent, consistent with its...more
Readers may recall that in February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to...more
4/14/2025
/ Consent ,
FCC ,
Financial Institutions ,
New Regulations ,
Regulatory Requirements ,
Revocation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Waivers
In yet a third setback for the FCC since the Supreme Court’s Loper Bright opinion eliminating Chevron deference, the 11th Circuit last Friday in Insurance Marketing Coalition Limited v. FCC, vacated two TCPA consent...more
1/30/2025
/ Auto-Dialed Calls ,
Chevron Deference ,
Consent ,
Consumer Protection Laws ,
Enforcement Actions ,
FCC ,
Lead Generators ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Unfair or Deceptive Trade Practices
In January 2024, the FCC adopted a Report and Order that closed the so-called “lead generator loophole,” and also included a number of new consent-related requirements....more
The Federal Communications Commission (“FCC”) has unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”), proposing first-of-their-kind AI-generated robocall and robotext rules that would...more
Aligning itself with three other federal appellate courts, the Second Circuit recently made clear in Soliman v. Subway Franchisee Adver. Fund Trust, Ltd., No. 22-1726-cv, 2024 U.S. App. LEXIS 11417 (2d Cir. May 10, 2024),...more
On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more
In a Press Release earlier this week, FCC Chairman Pai gave his blessing to a report of the North American Numbering Council on “SHAKEN/STIR”, an industry-developed set of protocols and operational procedures for the...more
We all get them. Repeated marketing calls to our mobile and home phones with the incoming phone number altered to make it appear that it’s a local call, when in fact, the call is from a robo-scammer using IP technology to...more
7/5/2017
/ Citations ,
Civil Monetary Penalty ,
Consumer Fraud ,
Enforcement Actions ,
False Statements ,
FCC ,
Misleading Statements ,
Notice of Apparent Liability (NAL) ,
Robocalling ,
Spoofing ,
TCPA ,
Telemarketing ,
Truth in Caller ID Act of 2009 (TICIDA)
In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile...more
7/4/2017
/ Appeals ,
Auto-Dialed Calls ,
Automotive Loans ,
Declaratory Rulings ,
FCC ,
Popular ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing