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TCPA Trends: 2024 Year-in-Review and 2025 Predictions — The Consumer Finance Podcast
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The Evolution of Informed Consent in U.S. Courts
Key Takeaways: Companies should scrub calling lists against the Reassigned Numbers Database (RND) at least every 31 days to protect themselves from TCPA liability....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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