On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more
7/1/2025
/ Administrative Procedure Act ,
Consent ,
FCC ,
Hobbs Act ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Robocalling ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
Yesterday, Federal Communications Commissioner Olivia Trusty announced the appointment of several members to her team stating, “I am pleased to announce the talented individuals who will be joining my team. Each brings a...more
In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more
6/23/2025
/ Administrative Procedure Act ,
Appeals ,
Class Action ,
Enforcement Actions ,
FCC ,
Hobbs Act ,
Judicial Review ,
Jurisdiction ,
McKesson Technologies ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
In response to the Federal Communications Commission’s (FCC) request for input on unnecessary compliance burdens, the debt collection industry, led by ACA International, is advocating for significant reforms to the Telephone...more
6/13/2025
/ Debt Collection ,
Deregulation ,
FCC ,
FDCPA ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telecommunications ,
Wireless Industry
As technology advances, so do the tactics of scammers. The Federal Trade Commission (FTC) recently released a data spotlight on the top text scams of 2024, revealing a significant increase in financial losses despite a...more
4/17/2025
/ Cybersecurity ,
Data Security ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Financial Crimes ,
Fraud ,
Phishing Scams ,
Scams ,
Telecommunications ,
Text Messages ,
Vulnerability Assessments
The Federal Communications Commission (FCC) issued an order extending the effective date of certain parts of § 64.1200(a)(10) of its rules under the Telephone Consumer Protection Act (TCPA) to April 11, 2026....more
4/8/2025
/ Effective Date ,
FCC ,
Financial Institutions ,
Financial Services Industry ,
Healthcare ,
Healthcare Facilities ,
New Regulations ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Time Extensions
Last month, we discussed the motion filed by the National Consumers League and four small business owners to intervene in the case of Insurance Marketing Coalition Limited. v. FCC. This motion aimed to challenge the Eleventh...more
3/25/2025
/ Amicus Briefs ,
Appeals ,
ATDS ,
Consumer Protection Laws ,
En Banc Review ,
FCC ,
Final Rules ,
Lead Generators ,
Motion To Intervene ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
State Attorneys General ,
TCPA ,
Telecommunications ,
Telemarketing
On February 19, the National Consumers League (NCL) and four small business owners filed a motion to intervene in support of the Federal Communications Commission (FCC) and the United States in the case of Insurance Marketing...more
2/25/2025
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
Motion To Intervene ,
Prior Express Consent ,
Regulatory Reform ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing
On February 4, the Federal Communications Commission (FCC) proposed a $4,492,500 fine against Telnyx LLC for allegedly allowing illegal robocalls on its network. The FCC’s Notice of Apparent Liability for Forfeiture (NAL)...more
In Insurance Marketing Coalition Ltd. v. FCC, — F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025), the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more
2/7/2025
/ Administrative Proceedings ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
FCC ,
Judicial Authority ,
Lead Generators ,
Privacy Laws ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more
1/30/2025
/ Advertising ,
Appeals ,
Class Action ,
Class Certification ,
Constitutional Challenges ,
Data Privacy ,
First Amendment ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more
1/27/2025
/ Consent ,
Enforcement Actions ,
FCC ,
Final Rules ,
Lead Generators ,
Regulatory Agenda ,
Regulatory Requirements ,
Robocalling ,
Stays ,
TCPA ,
Telecommunications ,
Telemarketing
On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more
Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact...more
As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more
11/8/2024
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
Effective Date ,
FCC ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
On September 19, USTelecom — The Broadband Association (USTelecom), a major telecommunications trade organization, sent a letter to the Federal Communications Commission (FCC) expressing its concerns about the proposed...more
In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more
9/24/2024
/ Class Action ,
Class Certification ,
Class Members ,
Consent ,
Do Not Call List ,
New York ,
Phone Numbers ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Third-Party ,
Websites
On August 27, the Federal Trade Commission (FTC) announced an update to the fees telemarketers must pay to access phone numbers on the National Do Not Call (DNC) Registry for the fiscal year 2025. The revised fees will take...more
A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more
In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more
5/16/2024
/ Algorithms ,
ATDS ,
Auto-Dialed Calls ,
Dismissals ,
Phone Numbers ,
Putative Class Actions ,
Robocalling ,
Statutory Interpretation ,
Subway ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
On February 15, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). The adopted Report and Order and Further Notice of...more
Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more
2/9/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Consent ,
Consumer Privacy Rights ,
FCC ,
Financial Services Industry ,
Notice of Inquiry ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages...more
On June 29, 2023, the Federal Communications Commission (FCC or Commission) issued a notice of proposed rulemaking clarifying how consumers may revoke consent to receive calls or texts under the Telephone Consumer Protection...more
On June 28, a magistrate judge in the U.S. District Court for the Southern District of Ohio issued a report recommending that the defendant’s motion to dismiss be denied because the plaintiff had standing under the Telephone...more