TCPA Trends: 2024 Year-in-Review and 2025 Predictions — The Consumer Finance Podcast
Consumer Finance Monitor Podcast Episode: Have State-Chartered, FDIC-Insured Banks Finally Achieved Interstate Usury Parity with National Banks?
Data Dividend: What is Personal Data Worth?
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Data Revolution: How U.S. Privacy Laws Change the Way Data Should be Managed by Retail and Tech Industries
Opting Out of Medicare: When and How to Do It
Colorado’s New Comprehensive Privacy Law
Recreational Marijuana Use Legalized in NYS – Your Questions Answered
Jones Day Presents: Effect of GDPR, CCPA, and FTC on Blockchains
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more
1. Governing Texts 1.1. Legislation The Personal Information Protection Act 2016 (as amended) (PIPA) The Electronic Transactions Act 1999 (as amended) (ETA) The Standard for Electronic Transactions (the ETA Standard) ...more
After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more
An attorney named Jeff Lohman recently narrowly escaped a jury verdict against him on a RICO claim arising out of allegations he had manufactured TCPA claims by encouraging clients to use vague opt out language during phone...more
Does your state have its own version of the TCPA? Yes. California has what is known as the California Consumer Privacy Act of 2018, which is located in sections 1798.100 to 1798.199.100 of the California Civil Code. The...more
On April 7, 2025, the FCC’s Consumer and Governmental Affairs Bureau (CGB) released an order announcing a one-year delay of a new implementing rule for the Telephone Consumer Protection Act (TCPA) related to consumers’...more
Last year, the FCC adopted new rules under the Telephone Consumer Protection Act (TCPA) designed to expand consumers’ rights to revoke consent to receive robocalls and text messages. As we noted in a prior post, these changes...more
On April 7, 2025, with just four days to spare, the Federal Communications Commission (FCC) delayed the effective date of part of its impending rule regarding how companies respond to opt-out requests from individuals to a...more
Barring a last-minute reprieve, the Federal Communications Commission’s (FCC) new rules regarding how consumers can revoke their consent under the Telephone Consumer Protection Act (TCPA) will go into effect on April 11, 2025...more
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
The UK Competition Appeal Tribunal (Tribunal) has handed down a landmark judgment in Justin Le Patourel v BT, the first opt-out competition collective action which went to trial in the United Kingdom (UK). On 19 December...more
Recently, the FCC announced the new rules under the Telephone Consumer Protection Act (TCPA) will take effect on April 11, 2025, making it easier for consumers to revoke consent for unwanted robocalls and robotexts. As...more
On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more
In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more
On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more
Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...more
As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule in December 2020 that would place new call-frequency limitations and opt-out requirements on certain prerecorded...more
The Telephone Consumer Protection Act of 1991 (TCPA) restricts many types of calls to residential and wireless telephone numbers if they are made without the prior express consent of the called party or a statutory exemption...more
On June 17th, 2022, the amendment to the Japanese Telecommunications Business Act (TBA) was promulgated, particularly, relating to cookies and the expanded scope of telecommunications services regulated by the TBA. Although...more
The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on December 1, 2021...more
Financial Services, Healthcare, and Technology sector clients — and any company that places non-marketing calls or text communications to customers by automated means — should pay close attention to two new FCC orders from...more
On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...more
The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more
The FCC has issued a notice announcing that it is seeking comment on a petition filed by Capital One Services, LLC (Capital One) that asks the FCC to issue a declaratory ruling to confirm that the recipient of an opt-out...more
Pennsylvania has enacted House Bill (HB) 318,1 which expands and extends the protections given to Pennsylvania residential and wireless telephone subscribers by the 1996 Telemarketer Registration Act (TRA) in connection with...more