News & Analysis as of

Consumer Protection Laws Telemarketing

Klein Moynihan Turco LLP

Court Upholds TCPA Prerecorded Voice Claims

On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc.,...more

Troutman Amin LLP

EYEBROW RAISING: Albertson’s Agrees to Pay Nearly $6MM to Settle TCPA Revocation Class Action But That’s Only Half The Story Here

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On April 21, 2025 Plaintiffs ANTHONY KAMEL, LINNEA MENIN, JASMINE OTTE, JENNIFER SCHOFIELD sued Albertson Companies, Inc. claiming it had violated the TCPA by sending SMS messages to each of them after a STOP request....more

Cozen O'Connor

FTC Nets $145M to Resolve Deceptive Online Health Insurance Marketing Claims

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The FTC has reached proposed settlements with Assurance IQ, LLC and MediaAlpha, Inc., resolving allegations that the companies misled consumers into buying health insurance plans without the promised coverage and subjected...more

Kelley Drye & Warren LLP

FCC and State AG Announcements Show Focus on Robocall Enforcement

Regulatory enforcement priorities can vary greatly between individual states and between the states and the federal government. But as we have previously reported, there is one area where regulators across the board tend to...more

Morrison & Foerster LLP

A MoFo Privacy Minute Q&A: Amendments to Texas’s “Mini-TCPA”

Question: Amendments to Texas’s “Mini-TCPA” take effect on September 1, 2025. How will these changes impact my business’s telemarketing activities? Answer: The amendments broaden the scope of Texas’s telemarketing law....more

Orrick, Herrington & Sutcliffe LLP

District court sides with CFPB and disgorges relief defendant’s funds

On July 31, a magistrate judge for the U.S. District Court for the Western District of New York recommended denying a relief defendant’s motion to dismiss a complaint filed by the CFPB and several state attorneys general...more

Troutman Amin LLP

TCPAWORLD ON THE ROAD: Nomorobo is at it again– Suing RSI ENTERPRISES, INC for at least $1.798MM

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So I am on the road for a little baseball related vacation with the boys. But that won’t stop me from bringing you the latest TCPA developments! One of the biggest stories of 2025 so far is Nomorobo– a massive honeypot owner–...more

Klein Moynihan Turco LLP

Maintain Internal Do Not Call List Compliance Procedures or Face the Consequences!

Last month, Lendify Associates LLC (“Defendant”) was sued in the Central District Court of California for allegedly violating the internal Do Not Call (or “DNC”) list compliance requirements of the Telephone Consumer...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 29, 2025)

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FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order...more

Polsinelli

Federal Court Finds Text Messages Not Subject to TCPA’s DNC Requirements

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Key Takeaways: Companies sued for Telephone Consumer Protection Act (TCPA) violations should consider challenging the allegations at the outset by moving to dismiss, rather than conceding based on out-of-date precedent and...more

Troutman Amin LLP

MIDYEAR LITIGATION REPORT: TCPA Class Actions Up Staggering 95.2% from 2024–Previously the Highest Year On Record

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2024 was a record setting year for TCPA litigation with the highest number of class actions filed in a single year ever. 2025 is blowing it out of the water. To date there have been 1,052 TCPA class actions filed in 2025–...more

Troutman Amin LLP

BUY AWAY?: Another Court Holds Offers to Buy Real Estate Are Not “Telephone Solicitations” Under the TCPA’s DNC Provisions

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Another day, another data point. In Aussieker v. Aghazadeh, 2025 WL 2021040 (E.D. Cal. July 18, 2025) the Court followed the recent decision in Coffey and concluded offers to buy property simply do not trigger the TCPA’s DNC...more

Troutman Amin LLP

CALLIER CLASS KILLER: Callier Deemed Atypical to Represent Class– And Everyone He Has Sued in a Class Action Should Take Note

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So Brandon Callier was just deemed insufficient to represent TCPA class members– an that’s a huge deal for anyone who is facing Callier class litigation. The case is Morales v. Sunpath, 2025 WL 2020053 (D. De. July 11, 2025)....more

Venable LLP

FTC’s Ever-Expanding Remedies Toolkit: GLBA and Impersonation Rule Applied to Debt Relief Scheme

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On July 14, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Arizona against a group of companies and individuals operating under the “Accelerated Debt” brand, alleging they...more

Troutman Amin LLP

CHAOS CHAOS: A different Court Holds SMS Messages ARE Subject to TCPA DNC Protections– On the SAME DAY A Different Court Disagreed

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Gees keep up everyone! Moments ago I told you to expect chaos as a district court just held (for the first time) SMS Messages are NOT subject to the TCPA’s DNC rules. I told you other courts would disagree. Didn’t realize...more

Kelley Drye & Warren LLP

Private Right of Action Exposure Increase: Texas Expands Damages for Telemarketing Violations Effective September 1, 2025

A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws. The changes adopted impact the following...more

Shipkevich PLLC

FTC Targets Deceptive Debt Relief Operation for Misleading Consumers

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In a recent enforcement action highlighting its ongoing scrutiny of deceptive debt relief schemes, the Federal Trade Commission (“FTC”) has shut down an operation accused of falsely representing affiliations with government...more

Klein Moynihan Turco LLP

Caller ID and Text Messages

In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...more

Womble Bond Dickinson

FCC Repeals One-to-One Consent Rule Following Eleventh Circuit Decision

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Following a January 2025 decision by the Eleventh Circuit Court, the Federal Communications Commission (FCC or Commission) has repealed its one-to-one consent rule for prior express written consent, consistent with its...more

Shipkevich PLLC

June 2025 Consumer Litigation Trends: TCPA and Class Actions Lead the Way with a Continued Rise in YTD Statistics

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WebRecon’s latest June 2025 report continues to reveal a general rise in the consumer complaint and litigation landscape based on year-to-date (YTD) figures. Since May 2025, Telephone Consumer Protection Act (TCPA) litigation...more

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

Troutman Amin LLP

AU FOND: Camp Lejeune Lead Leads to Trouble For CHARLES BARATTA LLC, doing business as PRIME MARKETING– But I learned a new...

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Au Fond. Do you folks know this lovely phrase? Here I–Mr. Highly Selective Dictionary for the Extraordinarily Literate memorizer– thought I knew it all. And yet the Czar just learned something mysterious and lovely that has...more

Troutman Amin LLP

TREND: American Express DESTROYED by Discovery Order in TCPA Class Action As ANOTHER #BIGLAW Firm Fails

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Repeat after me: Hire Big Law. Expect a Big Loss. At least in TCPAWorld. Here is ANOTHER example. In Duke v. American Express, 2025 WL 1918643 (D. Az. July 12, 2025) American Express was just needlessly required to produce...more

Troutman Amin LLP

“Prepare for the onslaught of 64.1601 claims”: New Ruling Confirms Private Right of Action On Caller ID AND Extends Rule to SMS...

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Received an email from Andrew Perrong this morning entitled: “Prepare for the onslaught of 64.1601 claims.” He wasn’t kidding. This is a complete disaster. In Newell v. JR Capital, 2:25-cv-01419-GAM (E.D. Pa. July 16, 2025)...more

Venable LLP

The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson

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The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. ...more

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