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 adoption of an Eighth Report and Order on call blocking at its February 2025 Open Meeting, illustrating the agency’s continued focus on fighting illegal robocalling under the Trump administration. The Eighth Report and Order directs the FCC to require all providers in a call path to block calls based on a reasonable Do-Not-Originate list instead of just US-based gateway providers serving as an entry point for foreign-originated call traffic. It also modifies the requirement mandating voice service providers to immediately notify callers when the provider blocks a call using reasonable analytics software.
In this month’s Litigation Update, we examine a motion to intervene in an Eleventh Circuit case, Insurance Marketing Coalition v. FCC, following the court’s decision to vacate the FCC’s much-anticipated one-to-one consent rule. The court held that the agency exceeded its statutory authority by interpreting “prior express consent” under the TCPA to require separate consent for each seller and for calls or texts to be “logically and topically associated” with the interaction that prompted the consumer’s consent. We discuss the motion and how companies that engage in or rely on lead generation can best prepare for the uncertainties created by this development.
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