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The United States Federal Communications Commission › Vacated › Telephone Consumer Protection Act

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 +
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 communications by radio, wire, satellite, and cable. less -
Hudson Cook, LLP

FCC's New Robocall One-to-One Consent Standard Postponed by FCC and Vacated by Court on Eve of Effective Date

Hudson Cook, LLP on

On January 24, 2025, three days before the Federal Communications Commission's new Telephone Consumer Protection Act "one-to-one" consent standard was due to take effect, the FCC issued an order postponing the standard's...more

Fisher Phillips

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

Fisher Phillips on

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

Moritt Hock & Hamroff LLP

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

Moritt Hock & Hamroff LLP on

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

BakerHostetler

FCC One-to-One Consent Rule Vacated by the Eleventh Circuit

BakerHostetler on

We were all set to release our blog announcing the long-awaited Federal Communications Commission’s (FCC) One-to-One Consent Rule (Rule), which was issued in December 2023 and set to take effect on Jan. 27. But alas, both the...more

Goodwin

Eleventh Circuit Deals Fatal Blow to the TCPA’s One-to-One Consent Rule

Goodwin on

Late in the afternoon on January 24, 2025, the Federal Communications Commission’s (FCC) “One-to-One Consent Rule,” which was scheduled to take effect on January 27, 2025, was struck down and vacated by the US Court of...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Punts On Whether FCC’s Interpretation of the TCPA Binds Federal Courts

Sheppard Mullin Richter & Hampton LLP on

At the end of the Supreme Court’s most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019)—a case that could have carried...more

Amundsen Davis LLC

U.S. Supreme Court Decision Leaves Uncertainty For Navigating TCPA Landmines

Amundsen Davis LLC on

The Telephone Consumer Protection Act (TCPA) prohibits unsolicited calls, text messages and faxes; it’s a federal statute that provides for statutory damages between $500-$1,500 per violation. With the speed and ease (and...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 21, 2019

Carlton Fields on

Real Property Update - Mortgagee Liability: because section 701.04(1)(a), Florida Statutes, requires that the holder of a mortgage deliver to the mortgagor a written estoppel letter setting forth the unpaid balance of the...more

Baker Donelson

SCOTUS Punts on TCPA Guidance

Baker Donelson on

In its long-awaited ruling addressing whether the Administrative Orders Review Act (Hobbs Act) requires district courts to accept the FCC's legal interpretations of the Telephone Consumer Protection Act (the TCPA), the...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Balks on Judicial Deference to FCC in TCPA Case, While Concurrence Led by Justice Kavanaugh Looks to Swing

Hinshaw & Culbertson LLP on

TCPA litigators have been closely monitoring the U.S. Supreme Court's docket waiting for a ruling in the PDR Network case. At stake is what kind of judicial deference should be given to the FCC's interpretation of the...more

Ballard Spahr LLP

SCOTUS Punts on Whether FCC's TCPA Interpretations Bind District Courts

Ballard Spahr LLP on

In November 2018, the U.S. Supreme Court had granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., to decide whether the Hobbs Act required the district court to accept the Federal Communications...more

Kelley Drye & Warren LLP

The Impact of PDR Network LLC v. Carlton & Harris Chiropractic

Kelley Drye & Warren LLP on

Are district courts prohibited in every instance from considering challenges to the Federal Communication Commission (“FCC”)’s interpretation of certain provisions in the Telephone Consumer Protection Act – or can district...more

Perkins Coie

Supreme Court Opens New Line of Attack on Federal Agency Interpretations of Federal Law

Perkins Coie on

In a recent decision, the U.S. Supreme Court held that a federal district court was not necessarily bound by the Federal Communications Commission’s prior interpretation of a federal statute over which the agency has...more

Jackson Lewis P.C.

U.S. Supreme Court Leaves Open Issue of Federal Communication Agency Interpretation Of TCPA, For Now

Jackson Lewis P.C. on

Dodging the question of whether the Hobbs Act requires a federal court to accept the 2006 Federal Communication Commission (FCC) Order that provides the legal interpretation for the Telephone Consumer Protection Act (TCPA),...more

Hogan Lovells

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

Hogan Lovells on

On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic.  The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PDR Network, LLC v. Carlton & Harris Chiropractic, Inc.

Faegre Drinker Biddle & Reath LLP on

On June 20, 2019, the United States Supreme Court decided PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, holding that whether the Federal Communications Commission’s (FCC) 2006 order interpreting the...more

Womble Bond Dickinson

BREAKING: Supreme Court Vacates and Remands TCPA Case to Fourth Circuit for Further Analysis

Womble Bond Dickinson on

It is a busy TCPA news day! The United States Supreme Court has released its decision in PDR Networks, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action. The decision is available for download...more

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP on

• 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

Burr & Forman

Middle District of Florida Finds ACA Vacated the 2003, 2008, and 2015 FCC Orders

Burr & Forman on

In Gonzalez v. Ocwen Loan Servicing, LLC, No. 5:18-cv-340-Oc-30PRL, 2018 WL 4217065 (M.D. Fla. Sept. 5, 2018), the Middle District of Florida determined that the D.C. Circuit’s opinion in ACA International v. FCC, 885 F.3d...more

Burr & Forman

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

Burr & Forman on

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

BakerHostetler

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

BakerHostetler on

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

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