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Delayed One-to-One Consent Rule Gives Companies Reprieve, Plus Other TCPA Updates

The Federal Communications Commission recently announced that it is postponing the one-to-one consent rule for at least one year. Implementation of the rule would have significantly altered the requirements for obtaining...more

Record Fines and Restrictive Rules: Agencies Take on the TCPA

Recent agency activity — from imposing hefty fines to issuing new rules — demonstrates the FCC and FTC’s continued focus on the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), and underscores the...more

U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory

On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the...more

Supreme Court Resolves Constitutional Challenge to Telephone Consumer Protection Act

The U.S. Supreme Court on July 6, 2020, issued its long-awaited opinion in Barr v. American Association of Political Consultants, which addressed whether a 2015 amendment to the Telephone Consumer Protection Act (TCPA)...more

Lopsided Circuit Split Favors Narrow Definition of Autodialer

As additional appellate courts grapple with the TCPA’s definition of “automatic telephone dialing system” (ATDS), the split among the U.S. Circuit Courts of Appeals has become increasingly lopsided, with the 7th and 11th...more

TCPA Argument Foreshadows Unforeseen D.C. Circuit Ruling on Manually Dialed Calls

On October 19, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA International v. FCC, the closely followed consolidated appeal of the Federal Communication Commission’s (FCC’s) 2015...more

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