News & Analysis as of

Telephone Consumer Protection Act Consent Written Consent

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Perkins Coie

FCC’s One-to-One Consent Rule Vacated: What’s Next for TCPA Compliance?

Perkins Coie on

Businesses can breathe a sigh of relief: In Insurance Marketing Coalition v. FCC, the U.S. Court of Appeals for the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) controversial one-to-one consent rule,...more

Fisher Phillips

Court Strikes Down New Robotext and Robocall Rules at the 11th Hour – What Should Businesses Do Now?

Fisher Phillips on

Just one business day before new robotext and robocall rules requiring one-to-one consent and “logically and topically” related requirements were set to take effect, a federal appeals court vacated the requirements and...more

Sheppard Mullin Richter & Hampton LLP

Federal Court of Appeals Considers Challenge to FCC’s One-to-One Consent Rule

On December 18, the U.S. Court of Appeals for the Eleventh Circuit heard arguments in Insurance Marketing Coalition Limited (“IMC”) v. Federal Communications Commission, which was brought by the marketing trade association to...more

Fisher Phillips

New Robotext and Robocall Rules Coming Online in 2025: What Your Business Needs to Know to Comply

Fisher Phillips on

Businesses that use robocalls or robotexts for marketing purposes will soon need to adjust to new rules that take effect in early 2025. The Federal Communications Commission made several changes to rules under the Telephone...more

McGlinchey Stafford

Maryland Federal Court Delineates When Consent to Receive Telephone Calls Must Be in Writing

McGlinchey Stafford on

Earlier this summer, the U.S. District Court for the District of Maryland denied a defendant’s motion for summary judgment in a case arising under the Telephone Consumer Protection Act (TCPA), finding that the defendant...more

Fenwick & West LLP

Strategies for Success in Telemarketing’s Shifting Landscape

Fenwick & West LLP on

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

Hinch Newman LLP

FCC Publishes Final Single-Seller Lead Generation Consent Rule in Federal Register, and More

Hinch Newman LLP on

The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — The FCC Contemplates Industry-Altering Changes to Securing Consent

On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more

Sheppard Mullin Richter & Hampton LLP

New FCC Interpretation Of "Express Consent" To Increase TCPA Class Action Liability

Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using...more

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