News & Analysis as of

Statutory Interpretation Consent Telecommunications

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Shakes TCPA Litigation to the Core

On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more

Klein Moynihan Turco LLP

TCPA Quiet Hours Telemarketing and Consent

Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more

Troutman Pepper Locke

Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges

Troutman Pepper Locke on

On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more

Troutman Amin LLP

AI CALLS AFTER MCLAUGHLIN: Why Consent Is Still Required

Troutman Amin LLP on

I’ll keep this short and sweet. The Supreme Court’s decision in McLaughlin Chiropractic v. McKesson has undeniably altered how the Telephone Consumer Protection Act will be enforced. But for companies using artificial...more

Troutman Amin LLP

GAME CHANGER: After McLaughlin, Can Businesses Continue to Rely on the Rule that they have Express Consent Anytime a Consumer...

Troutman Amin LLP on

Happy Monday everyone! The Baroness here. Lets talk about something important. If you haven’t read the U.S. Supreme Court’s recent opinion in McLaughlin Chriopractric v. McKesson, you may want to do so now. It’s a very very...more

Womble Bond Dickinson

McLaughlin v. McKesson: Rebalancing the Scales Between Agency and Judicial Interpretation of the TCPA

Womble Bond Dickinson on

On June 20, 2025, the U.S. Supreme Court released a landmark opinion in McLaughlin Chiropractic Associates, Inc., v. McKesson Corp., further reshaping the scope of judicial review of agency action. ...more

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

Cozen O'Connor on

On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more

Troutman Pepper Locke

Eleventh Circuit Re-Opens TCPA “Lead Generator Loophole” and Signals Further Erosion of Judicial Deference to Administrative Rules

Troutman Pepper Locke on

In Insurance Marketing Coalition Ltd. v. FCC, ‎— F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025)‎, the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more

K&L Gates LLP

Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules...

K&L Gates LLP on

The Eleventh Circuit Court of Appeals recently vacated the Federal Communications Commission’s 2023 “one-to-one consent rule” under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. v....more

Benesch

Eleventh Circuit Axes FCC’s One-to-One Consent Rule, Citing Agency Overstep

Benesch on

On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

Husch Blackwell LLP on

There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Burr & Forman

Eleventh Circuit Vacates FCC’s One-to-One Consent and Logically-and-Topically-Related Requirements for Prior Express Consent

Burr & Forman on

Insurance Marketing Coalition, Ltd. v. Federal Communications Commissions, No. 24-10277, 2025 WL 289152 (11th Cir. Jan. 24, 2025) - “At bottom, the FCC has ‘decreed a duty on [lead generators] that the statute does not...more

Troutman Pepper Locke

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

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Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more

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