News & Analysis as of July 28, 2025

The United States Federal Communications Commission

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Term Ends with Major Decisions, Including Banning Universal Injunctions - SCOTUS Today

Epstein Becker & Green on 6/30/2025

If the wide-ranging decisions that ended the U.S. Supreme Court’s 2024 term on Friday have anything in common, it is their length, with some of their syllabi running to five small-print pages and more, and with a plethora of...more

President Trump’s Freedom of Speech Order Takes Aim at Social Media, Broadcasters

Akin Gump Strauss Hauer & Feld LLP on 1/28/2025

President Donald Trump’s Executive Order titled, “Restoring Freedom of Speech and Ending Federal Censorship” is the Administration’s first step to pursue the President’s content moderation goals for social media and broadcast...more

Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Eversheds Sutherland (US) LLP on 3/26/2021

Supreme Court leaves TCPA intact; strikes down exception for government debt collection - The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more

All Consuming - Financial Litigation Insights: Issue 3, July 2020

Spilman Thomas & Battle, PLLC on 7/11/2020

Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

Hinshaw & Culbertson - Consumer Crossroads on 7/9/2020

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Harris Beach Murtha PLLC on 1/30/2020

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Significant FCC Ruling Distinguishes Online Fax Services Not in Violation of TCPA

Rumberger | Kirk on 12/10/2019

In a welcome win to defendants fighting TCPA fax class actions, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the Bureau) issued a declaratory ruling finding that a facsimile sent to...more

Fourth Circuit’s Decision Revitalizes First Amendment Challenge to the TCPA

Morrison & Foerster LLP - Class Dismissed on 6/17/2019

In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers, 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

TCPA First Amendment Argument Could Eliminate Government Debt Collection Exemption

Brownstein Hyatt Farber Schreck on 3/29/2019

First Amendment challenges to the Telephone Consumer Protection Act (TCPA) are in the midst of a revival. The TCPA makes it unlawful to call or text a cell phone using an automatic telephone dialing system (ATDS) or...more

TCPA on the Front Line: The Battle for the Future of American Free Speech is Quietly Taking Shape in an Appeal Over “Robocalls”

Womble Bond Dickinson on 10/2/2018

I’ve said enough on the subject of the watered-down version of strict scrutiny being applied to the Telephone Consumer Protection Act (“TCPA”) and how that might impact the future of free speech in the country. And here are...more

First-In-the-Nation-Result: District Court Stays TCPA Case Pending Outcome of Ninth Circuit First Amendment Challenge

Womble Bond Dickinson on 9/27/2018

Now we’re talking! As I’ve written on multiple occasions, the Telephone Consumer Protection Act (“TCPA”) is the broadest restriction on constitutionally protected speech in our nation’s history. Worse still, the statute is...more

The Constitutional Dimension: Why the First Amendment May Light the Way to Sensible TCPA Reform

Womble Bond Dickinson on 8/31/2018

I spent some time speaking with reporters yesterday about how we can really get to the bottom of the “robocall” epidemic plaguing this country. I focused on the need to better define our terms–so we can identify the real...more

Repeal of Net Neutrality? Everyone loses except the powerful

Searcy Denney Scarola Barnhart & Shipley on 1/5/2018

Web Access Through Corporate Control - The barrage of backlash booming around the repeal of the net-neutrality law by the Federal Communications Commission is facing an all-fronts assault. The communications companies that...more

Small Business Attacked by FCC — Internet is in the hands of big business

Searcy Denney Scarola Barnhart & Shipley on 1/3/2018

FCC Kills Net Neutrality - Death threats. Protests. Rallies. Strong opinions roil around the controversial Federal Communications Commission vote to repeal the Obama administration’s net-neutrality law that protected a...more

Do as We Say, Not as We Do: Government Agency (Deliciously) Exempts Itself—and the Rest of the Government—From the TCPA

Dorsey & Whitney LLP on 7/7/2016

Happy Independence Day! While you were off barbecuing and lighting fireworks this weekend the FCC’s staff was feverishly working to give Uncle Sam a birthday present—free reign to robocall your cell phone! That’s right,...more

TCPA Under Scrutiny in Court and by Senate

Ballard Spahr LLP on 5/25/2016

The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more

Minority Television Project, Inc. v. FCC and Lincoln Broadcasting Co.

Petition For Writ of Certiorari

Orrick, Herrington & Sutcliffe LLP on 3/20/2014

Questions Presented: 1. In 1969, this Court held in Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969), that the First Amendment permits the government to restrict the speech of broadcasters in ways that this Court...more

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