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The Evolution of Informed Consent in U.S. Courts
Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more
The first months of 2025 have brought a number of notable developments in TCPA litigation and compliance, kicking off with the eleventh-hour announcement by the FCC on January 24 that it would postpone the effective date of...more
On April 4, 2025, the Federal Communications Commission (“FCC”) revealed that it will not support a rehearing of the Telephone Consumer Protection Act (“TCPA”) 1:1 consent requirement for robocalls/texts (“1:1 Consent Rule”)...more
Amid a surge in Telephone Consumer and Protection Act (TCPA) lawsuits, two groups filed Petitions for Declaratory Ruling before the Federal Communications Commission (FCC) this month, seeking clarity on several current TCPA...more
In January the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) one-to-one consent rule, finding that the agency exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA)....more
On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more
On January 24, the U.S. Court of Appeals for the Eleventh Circuit vacated Part III.D of the FCC’s 2023 Order, known as the “one-to-one consent rule” in the Telephone Consumer Protection Act (TCPA), which was scheduled to take...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 February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more