News & Analysis as of

Enforcement The United States Federal Communications Commission Telephone Consumer Protection Act

McGlinchey Stafford

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

McGlinchey Stafford on

Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more

Fenwick & West LLP

Supreme Court's McLaughlin Decision Creates New Uncertainty for Healthcare Text Message Compliance

Fenwick & West LLP on

The Supreme Court's decision in McLaughlin Chiropractic Associates v. McKesson Corporation seismically shifts how courts will evaluate FCC interpretations of the TCPA, creating new compliance challenges for healthcare...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — Congress Hears from Industry Stakeholders on the Next Steps to Combatting Illegal Robocalls and...

On June 4, 2025, the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations held a hearing on combating illegal robocalls and robotexts. The hearing, entitled “Stopping Illegal Robocalls and...more

Troutman Amin LLP

ROBOCALLS ON THE RISE: Latest Robocall Index Update Confirms Trend– Robocalls Up Nearly 20% YoY

Troutman Amin LLP on

Well Americans have endured 3 billion more robocalls in 2025 than in 2024 according to YouMail’s famous Robocall Index. The Index reveals Americans received 4,829,181,100 robocalls in May, 2025 as opposed to 4,480,264,800 in...more

Klein Moynihan Turco LLP

Is TCPA Consent Rule Really Dead?! Maybe Not, Say 28 States

The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the...more

Cozen O'Connor

Bipartisan AGs Support FCC’s Rule Closing RoboCall Loophole

Cozen O'Connor on

A bipartisan coalition of 28 AGs filed an amicus brief supporting the FCC in its defense of its “one-to-one consent” Rule, which would close a consent loophole by requiring written consent from consumers for robocalls and...more

McGuireWoods LLP

Delayed One-to-One Consent Rule Gives Companies Reprieve, Plus Other TCPA Updates

McGuireWoods LLP on

The Federal Communications Commission recently announced that it is postponing the one-to-one consent rule for at least one year. Implementation of the rule would have significantly altered the requirements for obtaining...more

Moritt Hock & Hamroff LLP

Reminder: FCC’s One-to-One TCPA Consent Rule Takes Effect January 27

Are you ready? On January 27, 2025, the Federal Communication Commission’s (FCC) Oneto-One Consent Rule goes into effect, which could raise enforcement and litigation risks. If this applies to your business, hopefully your...more

Wiley Rein LLP

Reminder: FCC’s One-to-One TCPA Consent Rule Takes Effect January 27, Raising Enforcement and Litigation Risks

Wiley Rein LLP on

The Federal Communications Commission’s (FCC or Commission) new Telephone Consumer Protection Act (TCPA) one-to-one consent rule takes effect in less than one week – on January 27, 2025. The new rule, once effective, will...more

Perkins Coie

FCC Proposes New Rules for AI-Generated Content in Calls and Texts

Perkins Coie on

The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on

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

Davis Wright Tremaine LLP

Two FCC Actions on AI: Penalties for Deepfake Robocalls With Spoofed Caller ID; Rulemaking on AI in Political Ads

The FCC recently issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $6 million fine on a political consultant for allegedly carrying out an illegal robocall campaign using caller ID spoofing and an...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — Commission Adopts Second Report and Order On Robotexting With Some...

The Federal Communications Commission (FCC) adopted a Second Report and Order (“Report and Order”) and Second Further Notice of Proposed Rulemaking (“Second Further Notice”) at its December Open Meeting. We summarized the...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — The FCC Contemplates Industry-Altering Changes to Securing Consent

On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Communications Commission Acts to Prevent Unwanted and Illegal Phone Calls and Text Messages

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) are partnering in “Operation Stop Scam Calls,” a multijurisdictional effort to stop illegal telemarketing calls. Recent actions by the FCC...more

Davis Wright Tremaine LLP

FCC Proposes Record $5 Million TCPA Fine for 1,100 Prerecorded Election Robocalls

Keeping with its aggressive efforts to combat unwanted robocalls, the Federal Communications Commission (FCC) on August 24, 2021, proposed fining a duo of conservative activists and their business $5.135 million for allegedly...more

Womble Bond Dickinson

Mystery Solved!: So That’s What Happened to the FCC’s Order Implementing the BBA Amendment to the TCPA Exempting Collectors of...

Womble Bond Dickinson on

Ok, confession time–I love TCPAland. Yes, that is probably the least surprising confession in the history of the world, but here’s why I love it so much–the TCPA is this simple little statute that is so dizzyingly complex...more

Latham & Watkins LLP

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

Latham & Watkins LLP on

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the...more

Wilson Sonsini Goodrich & Rosati

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

Sheppard Mullin Richter & Hampton LLP

The Eleventh Circuit Reaffirms FCC’s Authority To Coordinate National TCPA Policy And Ensure Uniformity Of Enforcement in Mais v....

Courts that have confronted the application of the “prior express consent” requirement of the Telephone Consumer Protection Act, see 47 U.S.C. § 227 – a.k.a., the TCPA – have in the main taken their cues from and adhered to...more

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