Earlier this month, the U.S. Supreme Court held that district courts are not bound by the Federal Communication Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227. See...more
In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more
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
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
The TCPA landscape is being reshaped in real time and we’re here to bear witness. With the Supreme Court’s decision in McLaughlin Chiropractic Assocs. v. McKesson Corp., No. 23-1226, 2025 U.S. LEXIS 2385 (June 20, 2025), the...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
In Insurance Marketing Coalition Ltd. v. FCC, — F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025), the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...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
Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent...more
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, was enacted in 1991 “to protect the privacy interests of residential telephone subscribers,” according to the act’s legislative history. The TCPA provides for a...more
Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida issued a useful decision for Telephone Consumer Protection Act...more
As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call (“DNC”) regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded by DNC demand...more
Businesses that use robocalls or robotexts for marketing purposes will soon need to adjust to new rules that take effect in early 2025. The Federal Communications Commission made several changes to rules under the Telephone...more
As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more
The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more
As previously blogged about, here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written...more
On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more
Cases of Note - Kansas Court Holds that TCPA Does Not Allow Contribution Claims - The United States District Court for the District of Kansas dismissed a defendant’s third-party negligence claim that attempted to seek...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
On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more
In its ongoing action focused on robocalls, the Federal Trade Commission (FTC) is taking steps against two companies that make robocalls possible. It recently announced separate settlements against companies accused of...more
This week, the Federal Trade Commission (FTC) announced a Proposed Stipulated Order with lead generator Response Tree LLC and its president, resolving allegations that the company violated the Telemarketing Sales Rule (TSR)...more
The FCC, utilizing input from a bipartisan coalition of 29 AGs, has adopted a new one-to-one consent rule that prevents lead generators from obtaining consumer consent for multiple business sellers at the same time....more
By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.” ...more
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext...more