News & Analysis as of

Class Action Telephone Consumer Protection Act Consent

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

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A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more

BCLP

Don’t Mess with Texas! How Will Texas’s Amendment to Its State Telemarketing Law Impact Litigation?

BCLP on

On June 20, 2025, Governor Greg Abbott of Texas signed Texas SB140 into law, significantly amending Texas’s telemarketing statute, which is part of the Texas Business and Commerce Code (“TBCC”). The amendments will take...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Shakes TCPA Litigation to the Core

On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more

Klein Moynihan Turco LLP

TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...more

Womble Bond Dickinson

McLaughlin v. McKesson: Rebalancing the Scales Between Agency and Judicial Interpretation of the TCPA

Womble Bond Dickinson on

On June 20, 2025, the U.S. Supreme Court released a landmark opinion in McLaughlin Chiropractic Associates, Inc., v. McKesson Corp., further reshaping the scope of judicial review of agency action. ...more

Troutman Amin LLP

FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That...

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2025 has been the Year of the TCPA Class Action with filings more than doubling from last year. And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova. Fashion Nova, which Wikipedia...more

Klein Moynihan Turco LLP

Let’s Be Real: AI TCPA Lawsuits Are on the Rise

Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v....more

Troutman Amin LLP

TCPAWORLD AFTER DARK: ETN America Issues a Press Release After TCPA Class Action Suit Filed– and I like the Move

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So just last week I reported on a new suit against ETN America and its CEO Well today the company issue a press release to reassure folks in the lead gen space. Pretty good move if you ask me. Content of press release is...more

Klein Moynihan Turco LLP

TCPA Complaints Can Cost a Lot of Dough!

On May 23, 2025, Pizza Hut (“Defendant”) entered into a settlement agreement to resolve a putative class action lawsuit filed in the United States District Court for the Western District of Louisiana. In Brennan v. Pizza Hut,...more

Troutman Amin LLP

PROFESSIONAL NEGLIGENCE?: Vonage Failed to Honor DNC Requests in a Manner Leading to TCPA Class Action New Lawsuit Claims

Troutman Amin LLP on

So I was reviewing a $90+MM telecommunications services contract for a major brand yesterday. $90MM folks. The money in this industry is insane. But so are the stakes. Fail to set up your system right and face a TCPA class...more

Klein Moynihan Turco LLP

Surge in TCPA Quiet Time Litigation

Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late...more

Bradley Arant Boult Cummings LLP

The TCPA Landscape in 2025: Key Developments and Compliance Priorities

The Telephone Consumer Protection Act (TCPA) continues to be a major source of litigation risk for businesses engaged in outbound marketing. In the first quarter of 2025, litigation under the TCPA surged dramatically, with...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

Hinch Newman LLP on

The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Eleventh Circuit Challenge Dead

One-to-One Consent 11th Circuit Challenge Dead - As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more

Blank Rome LLP

Clocked In: FCC Seeks Clarity on Call Time Rules

Blank Rome LLP on

In our previous alert, Tick-Tock, Don’t Get Caught: Navigating TCPA’s Quiet Hours, we discussed a growing wave of lawsuits targeting businesses under the Telephone Consumer Protection Act (“TCPA”) for allegedly sending text...more

Vedder Price

TCPA Turnstile: TCPA Litigation Continues to Spring to Life in 2025 (TCPA Update Vol. 20)

Vedder Price on

TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as...more

Eversheds Sutherland (US) LLP

FCC revocation rules poised to take effect

Barring a last-minute reprieve, the Federal Communications Commission’s (FCC) new rules regarding how consumers can revoke their consent under the Telephone Consumer Protection Act (TCPA) will go into effect on April 11, 2025...more

Eversheds Sutherland (US) LLP

FCC seeks comments amid wave of “after hours” texting complaints and Trump Administration’s “Delete, Delete, Delete” order

The Federal Communications Commission (FCC or Commission) issued two notices for public comment in mid-March on hot-button issues, suggesting that newly-minted Chair Brendan Carr’s tenure will be an active one. On March 11,...more

Goodwin

2024 Year in Review: Telephone Consumer Protection Act

Goodwin on

Welcome to the “Telephone Consumer Protection Act” chapter of our annual report, Consumer Financial Services: 2024 Year in Review. Companies were mere hours away from implementing radical changes to lead forms and consent...more

Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

Kilpatrick on

Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Klein Moynihan Turco LLP

Act Quickly After Receiving a TCPA Subpoena

The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

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There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Eversheds Sutherland (US) LLP

FCC Rules on Revocation and 1:1 Consent to come into effect in early 2025

On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more

Troutman Pepper Locke

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

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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

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Clarifies Standards for Certifying a Class and Determining Treble Damages Under TCPA

Last week, the Ninth Circuit in True Health Chiropractic, Inc. v. McKesson Corp. (True Health II), No. 22-15710 (9th Cir. Oct. 25, 2023), affirmed the Northern District of California’s earlier ruling in True Health...more

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