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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
In a dramatic turn of events, the United States Court of Appeals for the Eighth Circuit has vacated the Federal Trade Commission’s (FTC) Click-to-Cancel Rule, which was set to take effect on July 14, 2025. ...more
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
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
The Consumer Financial Protection Bureau voluntarily dismissed its lawsuit with prejudice against a major retailer and a fintech company in the District of Minnesota....more
Notwithstanding significant changes at the Federal Trade Commission (FTC) – including the removal of two of the five Commissioners, and the new appointment of Commissioner Mark Meador – the Commission has sent a clear message...more
On March 27, the FTC announced that a fintech company offering cash advances through a mobile app has agreed to pay $17 million to resolve allegations that it violated the FTC Act and the Restore Online Shoppers’ Confidence...more
On February 26, 2025, Arkansas Attorney General Tim Griffin filed a lawsuit against General Motors and its subsidiary OnStar (collectively, "GM"), alleging deceptive business practices related to the collection and sale of...more
A major vehicle automaker will have to change its business practices and pay a hefty fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA), according to the state regulatory authority...more
On March 10, 2025, California Attorney General Rob Bonta (AG) announced an “ongoing investigative sweep” into the use of consumer location data by mobile app providers, advertising networks and data brokers. The AG sent...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Bipartisan AGs Support FCC’s Rule Closing Robocall...more
The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more
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
Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s...more
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...more
As we previously reported, at the eleventh hour, the Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) much-anticipated one-to-one consent rule in Insurance Marketing Coalition...more
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
If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more
Businesses can breathe a sigh of relief: In Insurance Marketing Coalition v. FCC, the U.S. Court of Appeals for the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) controversial one-to-one consent rule,...more
On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule. Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 9 the Eleventh Circuit ruled that the FCC...more
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 discuss the...more
The landscape of prior express written consent under the Telephone Consumer Protection Act (TCPA) has undergone a significant shift over the past 13 months. In a December 2023 order, the Federal Communications Commission...more
In yet a third setback for the FCC since the Supreme Court’s Loper Bright opinion eliminating Chevron deference, the 11th Circuit last Friday in Insurance Marketing Coalition Limited v. FCC, vacated two TCPA consent...more
Late on Friday, January 24, 2025, much to the relief of lead generators and their customers across the country, the US Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) so-called...more
On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more