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Telephone Consumer Protection Act Consent Marketing

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Klein Moynihan Turco LLP

Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more

Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

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A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more

Troutman Amin LLP

FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That...

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2025 has been the Year of the TCPA Class Action with filings more than doubling from last year. And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova. Fashion Nova, which Wikipedia...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

Amundsen Davis LLC

TCPA Compliance: Is the Upcoming Opt-Out Rule a Major Game Changer?

Amundsen Davis LLC on

On April 11, 2025, there will be a new Telephone Consumer Protection Act (TCPA) revocation rule for unwanted robocalls and robotexts. This Opt-Out Rule, adopted in February 2024 by the Federal Communications Commissions...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

BCLP

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

BCLP on

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

Benesch on

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

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

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

Klein Moynihan Turco LLP

Current TCPA and Medicare Marketing Landscape

As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best....more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Eleventh Circuit Knocks Out One-to-One Consent

Just one business day before the FCC’s one-to-one consent rule was set to go into effect, the rule became no more following the Eleventh Circuit’s decision in Insurance Marketing Coalition v. FCC....more

BCLP

Is TCPA 1:1 Consent Dead?

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Two major developments hit the Telephone Consumer Protection Act (“TCPA”) landscape on January 24, 2025, just three days before the new Federal Communications Commission’s (“FCC”) new rule requiring telemarketers to obtain...more

Wiley Rein LLP

UPDATE: 11th Circuit Vacates FCC’s One-to-One TCPA Consent Rule

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While Monday was the original compliance deadline for the Federal Communications Commission’s (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision...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

Klein Moynihan Turco LLP

Medicare One-to-One Consent Rules Go Into Effect October 1!

Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related...more

Klein Moynihan Turco LLP

Medicare Marketing One-to-One Consent Rules Effective October 1, 2024!

On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising....more

Fenwick & West LLP

Strategies for Success in Telemarketing’s Shifting Landscape

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The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more

Pierce Atwood LLP

FCC Issues New Consent Requirements for Certain Marketing Communications

Pierce Atwood LLP on

In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a...more

Benesch

FCC Set to Upend Lead Generation Industry

Benesch on

On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more

Lerman Senter PLLC

FCC Proposes Changes and Clarifications for Robocall/Robotext Rules

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The FCC is asking for comments on proposed changes and clarifications to its robocall and robotext requirements for grant and revocation of consumer consents. Revocation of Consent. The FCC wants its current opt-out and...more

Venable LLP

Are Your Website Terms Enforceable? Maybe Not, According to These Recent Decisions

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​​​​​​​Whether they refer to their online terms as "website terms and conditions," "terms of use," or something else, online marketers and sellers often seek to enforce contracts to manage the relationships with their...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

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