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ATDS Telecommunications Telemarketing

Troutman Amin LLP

CURIOUS: Second Circuit Issues Oddly-Worded Remand In LaBoom Disco ATDS Ruling Following Facebook– Does It Mean Anything?

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Real quick one for the TCPA super nerds. You’ll recall way back in April 2020 the world was melting down. No, I’m not talking about COVID. I am talking about ATDS cases. Perhaps the high-water mark of TCPAWorld ATDS chaos...more

Kelley Drye & Warren LLP

TCPA Tracker: February-March 2025

FCC Delays Effective Date for New TCPA Consent Revocation Rule - The FCC announced on April 7, 2025, that it was issuing a one-year delay on its latest TCPA implementing rule governing consent revocation, Section...more

Troutman Pepper Locke

FCC “One-to-One Rule” Case: States File Amicus Brief in Support of Rehearing

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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

Klein Moynihan Turco LLP

Autodialer TCPA Claim

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more

Troutman Pepper Locke

National Consumers League and Small Business Owners Move to Intervene in FCC “One-to-One Rule” Case

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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

McDermott Will & Emery

2024 Updates to State Mini-TCPA Laws

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Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Kelley Drye & Warren LLP

TCPA Tracker for October - November 2024

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Supreme Court Agrees to Hear TCPA Case - On October 4, 2024, the United States Supreme Court granted certiorari and agreed to hear arguments in McLaughlin Chiropractic Associates, Inc. v. Mckesson Corp. In doing so, the...more

Klein Moynihan Turco LLP

Prerecorded Voice Claims Must be Factually Supported

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On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis...more

Troutman Pepper Locke

New Mexico Federal Court Denies Summary Judgment on Majority of Claims Brought Under the TCPA Over Telemarketing Calls

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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

Troutman Pepper Locke

New Year, New One-To-One TCPA Consent Requirements for Telemarketers

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Last December the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second Report and Order. The new...more

Troutman Pepper Locke

Effective Date Announced for New TCPA Rules on Consent Revocation

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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

Carlton Fields

11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go

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In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more

Troutman Pepper Locke

Second Circuit Upholds TCPA Case Dismissal: ATDS Must Generate Phone Numbers, Text Messages Don’t Qualify as Artificial Voices

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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

Husch Blackwell LLP

Eleventh Circuit Eviscerates TCPA Class Action Settlement

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On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more

Kelley Drye & Warren LLP

Maryland’s New Telemarketing Law Now in Effect

As of January 1, 2024, the State of Maryland’s new telemarketing law, the ​“Stop the Spam Calls Act of 2023,” officially became law....more

Venable LLP

FCC Continues TCPA Rule Modifications and Anti-Robocalls/Robotext Campaign in 2024

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Addressing robocalls and robotexts under authority granted to it by the Telephone Consumer Protection Act (TCPA) continues to be a priority agenda item for the Federal Communications Commission (FCC). Most recently, the...more

Troutman Pepper Locke

New FCC Rules for Lead Generation ‎Under the TCPA

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At its December 13, 2023 meeting, the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second...more

BCLP

Not to be a Grinch, but...is Your Business TCPA Compliant? (With Apologies to Dr. Seuss)

BCLP on

Does your business use text message marketing, telemarketing or faxing? If so, you may be exposing yourself to multi-million dollar liability under the Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts...more

Goodwin

FCC Proposes New, Stricter TCPA Rules That Would Limit Lead Generation to One-Company Consent

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On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more

Ballard Spahr LLP

Ninth Circuit rules text messages not “prerecorded voice messages” under TCPA

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A unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that text messages are not “prerecorded voice messages” for purposes of the Telephone Consumer Protection Act’s (TCPA) prohibition on using “an...more

Troutman Pepper Locke

Second Circuit Dismisses TCPA Case for Failure to Plead Use of an ATDS

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On January 9, the district court for the Eastern District of New York dismissed a pro se plaintiff’s TCPA lawsuit for failure to properly allege that the defendants used an automatic telephone dialing system (ATDS) when...more

Kelley Drye & Warren LLP

TCPA Tracker - December 2022

RECENT NEWS - FCC Cracks Down on Student-Loan Scams: Orders Voice Service Providers to Stop Carrying Robocalls from “Student Loan Robocall Operation” - On December 8, 2022, the FCC ordered all voice service providers to...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - December 2022

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Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Kelley Drye & Warren LLP

TCPA Tracker - October 2022

FCC PETITIONS TRACKER - Kelley Drye’s Communications group prepares a comprehensive summary of pending petitions and FCC actions relating to the scope and interpretation of the TCPA. Highlights of this month’s summary are...more

Kelley Drye & Warren LLP

TCPA Tracker - August & September 2022

FCC Petitions Tracker - Kelley Drye’s Communications group prepares a comprehensive summary of pending petitions and FCC actions relating to the scope and interpretation of the TCPA....more

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