News & Analysis as of

Marketing Text Messages Telemarketing

Troutman Amin LLP

CHAOS CHAOS: A different Court Holds SMS Messages ARE Subject to TCPA DNC Protections– On the SAME DAY A Different Court Disagreed

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Gees keep up everyone! Moments ago I told you to expect chaos as a district court just held (for the first time) SMS Messages are NOT subject to the TCPA’s DNC rules. I told you other courts would disagree. Didn’t realize...more

Troutman Amin LLP

“Prepare for the onslaught of 64.1601 claims”: New Ruling Confirms Private Right of Action On Caller ID AND Extends Rule to SMS...

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Received an email from Andrew Perrong this morning entitled: “Prepare for the onslaught of 64.1601 claims.” He wasn’t kidding. This is a complete disaster. In Newell v. JR Capital, 2:25-cv-01419-GAM (E.D. Pa. July 16, 2025)...more

Troutman Amin LLP

ANOTHER ONE???: Folsom Insurance Agency LLC Facing Sanctions After TCPA Discovery Loss By #BigLaw Counsel

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Good lord another one? I can’t keep up with all the #biglaw losses. I mean, when was the last time ANY #biglaw firm won ANTHING in a TCPA case? My goodness. What a disaster. Here’s another one. In Bond v. Folsom Insurance...more

Klein Moynihan Turco LLP

Let’s Be Real: AI TCPA Lawsuits Are on the Rise

Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v....more

Klein Moynihan Turco LLP

Stock Advisory Hit With DNC Registry Lawsuit

On June 9, 2025, Tradercodes, 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”). The National DNC...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — March 2025

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 cover two...more

Kelley Drye & Warren LLP

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

BCLP

The TCPA’s New Opt-Out Rules Take Effect on April 11, 2025 - What Does This Mean for Businesses?

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The legal world has been abuzz with news of the Federal Communications Commission's One-to-One Consent Rule, which was vacated by the 11th Circuit Court of Appeals last month. However, an additional new FCC rule warrants...more

Benesch

Time of Day TCPA Cases Inundate the Federal Docket

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The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more

Klein Moynihan Turco LLP

Do Not Disturb: Observe Telemarketing Hours!

Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Not Dead Yet

As we previously reported, at the eleventh hour, the Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) much-anticipated one-to-one consent rule in Insurance Marketing Coalition...more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more

Klein Moynihan Turco LLP

Do You Need Help With TCR Registration?

If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more

Sheppard Mullin Richter & Hampton LLP

Delays Implementation of One-to-One Consent Rule

On January 24, the FCC issued an order postponing the effective date of its one-to-one consent rule. The rule, which would have required companies to obtain individual consent for each marketing partner before sharing...more

McDermott Will & Schulte

2024 Updates to State Mini-TCPA Laws

Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

BCLP

FCC’s New 1:1 Consent Rule Spells Trouble in 2025

BCLP on

On January 27, 2025, the new Federal Communications Commission (“FCC”) rule requiring telemarketers to obtain one-to-one consent for robocalls/texts is scheduled to go into effect. Expanding on the Telephone Consumer...more

Wiley Rein LLP

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

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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

Faegre Drinker Biddle & Reath LLP

TCPA Boundaries Drawn: Marketing Text Messages to Known Telephone Numbers Permitted

In Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. (101 F.4th 176), the Second Circuit addressed critical questions regarding the definition of an “automatic telephone dialing system” (ATDS) and whether text...more

Venable LLP

Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting

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Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode....more

Venable LLP

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

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It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

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Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Missouri Finds Standing Issue with TCPA Cases When Plaintiffs do Not Request to be on Internal Do-Not-Call...

The United States District Court for the Eastern District of Missouri recently issued an opinion with significant implications for plaintiffs’ standing to allege violations of the TCPA under Article III. In the case of...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

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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

Womble Bond Dickinson

Text Messages With No Audible Components are Not “Prerecorded Voices” Under the TCPA

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A recent decision of the Ninth Circuit Court of Appeals, Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), affirmed a district court’s order granting a motion to dismiss a putative TCPA class...more

Quarles & Brady LLP

Using Text Messages for Marketing? Proceed with Caution in Florida

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Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a...more

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