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Privacy Laws Telephone Consumer Protection Act Text Messages

Bradley Arant Boult Cummings LLP

A New Era for TCPA Litigation: Conflicting Rulings on Text Messages and Do-Not-Call Rule

The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in...more

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

Troutman Amin LLP on

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

Klein Moynihan Turco LLP

Caller ID and Text Messages

In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...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...

Troutman Amin LLP on

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

Orrick, Herrington & Sutcliffe LLP

Petition urges FCC to clarify Telephone Consumer Protection Act, curb litigation abuse

On March 11, the FCC released a Public Notice seeking comment on a petition for a declaratory ruling and/or waiver filed by petitioners who request the FCC clarify its Telephone Consumer Protection Act (TCPA) rules. The...more

Bradley Arant Boult Cummings LLP

FCC’s New Consent Revocation Rule Set to Take Effect in April 2025

The Federal Communications Commission (FCC) has a new rule under the TCPA for revocation of consent for robocalls and text messages set to go into effect on April 11, 2025. This rule is designed to give consumers greater...more

Sheppard Mullin Richter & Hampton LLP

FCC’s One-To-One Consent Rule Takes Effect in January

For those who send marketing texts, keep in mind the FCC one-to-one consent rule update. It has been getting some publicity, and takes effect January 27, 2025. As most are aware, TCPA requires getting consent before sending...more

WilmerHale

Year in Review: 2023 TCPA Litigation

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. The Telephone Communications Privacy Act (TCPA) has always been a hotbed for privacy litigation, especially given the...more

Ballard Spahr LLP

FCC and FTC Announce new AI Calling and Voice Initiatives

Ballard Spahr LLP on

On November 16th, the Federal Communications Commission (“FCC”) and Federal Trade Commission (“FTC”) announced new independent initiatives regarding the use and implications of AI technologies on consumers in the context of...more

Kelley Drye & Warren LLP

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

Sheppard Mullin Richter & Hampton LLP

Texting Post-Duguid: Can Consent Practices Change?

Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more

Burr & Forman

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

Burr & Forman on

On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...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

Buchalter

Avoiding the Costly “Robo No-No”

Buchalter on

The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

Fisher Phillips

Technology And The Workplace

Fisher Phillips on

How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

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