News & Analysis as of September 11, 2025

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The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +

FCC’s Final Rule on Consent Kills One-to-One Consent Requirement

Troutman Pepper Locke on 9/9/2025

The Federal Communication Commission (FCC) has finalized its rule under the Telephone Consumer Protection Act (TCPA), addressing prior express consent requirements for sellers to send advertisements and telemarketing notices...more

FCC reinstates “prior express consent” standard for robocalls after Eleventh Circuit vacates 2023 rule

Orrick, Herrington & Sutcliffe LLP on 9/2/2025

On August 29, the FCC reinstated its previous standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA), following the U.S. Court of Appeals for the 11th Circuit’s decision to vacate the agency’s...more

Court Strikes Down New Robotext and Robocall Rules at the 11th Hour – What Should Businesses Do Now?

Fisher Phillips on 2/3/2025

Just one business day before new robotext and robocall rules requiring one-to-one consent and “logically and topically” related requirements were set to take effect, a federal appeals court vacated the requirements and...more

11th Circuit Vacates FCC’s TCPA 1:1 Consent Rule

Moritt Hock & Hamroff LLP on 1/30/2025

In an eleventh-hour play, on January 24, 2025, the Eleventh Circuit issued a decision that vacated the Federal Communication Commission’s (FCC) One-to-One Consent Rule, which was all set to go into effect on January 27, 2025....more

Ninth Circuit Creates Split Of Authority as to TCPA’s Scope

Akin Gump Strauss Hauer & Feld LLP on 9/26/2018

• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA. • The ruling creates a split of authority as to whether the...more

Central District of California Finds ACA Set Aside All FCC Autodialer Guidance

Burr & Forman on 9/5/2018

In Washington v. Six Continents Hotels, Inc., No. 2:16-CV-03719-ODW-JEM, 2018 WL 4092024 (C.D. Cal. Aug. 24, 2018), the Central District of California found that ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018)...more

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