News & Analysis as of

Telephone Consumer Protection Act Robocalling Corporate Counsel

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

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

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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

Pierce Atwood LLP

Eleventh Circuit Vacates FCC’s TCPA One-to-One Consent Rule on Eve of Effective Date

Pierce Atwood LLP on

On Friday, January 24, 2025, just one business day before it was to take effect on January 27, the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) One-to-One Consent Rule that was adopted as an...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

Troutman Pepper Locke

Speak for Yourself: Court Denies Class Certification in TCPA Case Based on Class Members’ Potentially Mixed Reactions to Ringless...

Troutman Pepper Locke on

On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Bradley Arant Boult Cummings LLP

FCC Declares Ringless Voicemails Are Subject to TCPA’s Robocall Restrictions

In a recently issued ruling, the Federal Communications Commission (FCC) declared that “ringless voicemails” are “calls” subject to the requirements of the Telephone Consumer Protection Act (TCPA). Ringless voicemail...more

Troutman Pepper Locke

Anti-Robocall Litigation Task Force Targets Facilitators of Foreign Illegal Robocalls

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Escalating efforts to crack down on illegal robocalls, state attorneys general announced on August 2 that they have established a nationwide Anti-Robocall Litigation Task Force. The task force comprises attorneys general from...more

Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Telephone Consumer Protection Act Landscape Post-Duguid

Key Points Telephone Consumer Protection Act (TCPA) litigation continues to pose significant risks to businesses that use calls, texts and faxes to engage with consumers. The U.S. Supreme Court’s unanimous decision in...more

Faegre Drinker Biddle & Reath LLP

Eighth Circuit Finds That System That Sends Texts to Stored Numbers is Not an ATDS, Rejects Plaintiffs’ Interpretation of Footnote...

Last week, the Eighth Circuit affirmed a finding that a dialing system does not qualify as an ATDS if it randomly selects numbers from a stored list. See Beal v. Truman Road Dev. (8th Cir. Mar. 24, 2022)...more

Troutman Pepper Locke

TCPA: Ninth Circuit Rejects Duguid's "Footnote Seven" Argument, Holding That Storage of a Pre-Produced List Does Not Turn a System...

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In a succinct, emphatic opinion issued on January 19, the Ninth Circuit quietly rejected one of the last remaining arguments made by plaintiffs attempting to neutralize the Supreme Court’s decisive Facebook opinion...more

Troutman Pepper Locke

Post-Facebook v. Duguid: Lower Courts Speak

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The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid, 141 S. Ct. 1163 (2021), affirmatively answered a question that had divided courts for years: Did the Telephone Consumer Protection Act’s (TCPA) definition...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - September 2021

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Faegre Drinker Biddle & Reath LLP

FCC TCPA Actions Mid-Year Review

After adopting orders reflecting the majority of implementation deadlines set by the TRACED Act and the Supreme Court’s highly anticipated TCPA decision interpreting the statutory definition of automatic telephone dialing...more

Faegre Drinker Biddle & Reath LLP

Does Unused “Capacity” Make a Dialer an ATDS? District Court Says “No” in Ruling on Pleading Requirements After Facebook

Three months after the Supreme Court’s landmark Facebook ruling, a growing number of trial courts have grappled with interpreting and applying the High Court’s directive. One of the more interesting decisions came out of the...more

Holland & Knight LLP

District Court's Decision in TCPA Case Follows Supreme Court's Duguid Opinion

Holland & Knight LLP on

The U.S. District Court for the District of South Carolina, in the matter of Margueritte Timms v. USAA Federal Savings Bank, 2021 WL 2354931 on June 9, 2021, granted defendant USAA Federal Savings Bank's (USAA) Motion for...more

Morgan Lewis

US Supreme Court Adopts Narrow Reading of TCPA’s Autodialer Ban: Four Things to Know

Morgan Lewis on

The US Supreme Court in Facebook, Inc. v. Duguid unanimously held on April 1 that the Telephone Consumer Protection Act’s definition of an autodialer is limited to systems that have the capacity either to store a telephone...more

Benesch

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Benesch on

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more

Faegre Drinker Biddle & Reath LLP

District Court Dismisses Ex-Attorney and TCPA Serial Litigant’s Claims with Prejudice

On January 6, 2021, the District of Maryland dismissed a TCPA claim (and a derivative claim under Maryland’s MDTPCA) against Discount Power, Inc. (“Discount”). See Worsham v. Discount Power, Inc., No. 20-0008, 2021 WL 50922...more

Eversheds Sutherland (US) LLP

Dialing In: TCPA Top 5 Issues for 2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

Brownstein Hyatt Farber Schreck

The FCC Reverses Course—Finds Government Contractors Subject to the TCPA

The Telephone Consumer Protection Act (TCPA) bars certain types of automated calls without first obtaining the consent of the called party. Indeed, with uncapped statutory damages, the TCPA is a staple of the plaintiff’s bar,...more

Proskauer - Minding Your Business

Sixth Circuit Tips the Scale in Split Over What Constitutes an Autodialer Under the TCPA

The Sixth Circuit has joined the Second and Ninth Circuits in their broad interpretation of the Telephone Consumer Protection Act’s (TCPA) autodialer provision. In doing so, it has tipped the scale in a circuit split that is...more

Kelley Drye & Warren LLP

Sixth Circuit Holds That Stored-Number Systems Meet the TCPA’s Definition of an Autodialer, Deepening Circuit Split to be...

It has been more than two years since the D.C. Circuit found the Federal Communications Commission’s (the “FCC”) discussion of predictive dialers and other equipment alleged to be an automatic telephone dialing system...more

Seyfarth Shaw LLP

The U.S. Supreme Court Broadens The TCPA Class Action Trap For Unwary Businesses

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Seyfarth Synopsis: While many businesses hoped that the U.S. Supreme Court would blow up the ban on autodialed calls in the Telephone Consumer Protection Act (“TCPA”), on July 6, 2020, the nation’s highest court issued its...more

Hinshaw & Culbertson LLP

Circuit Split Created as Eleventh and Seventh Circuits Narrowly Interpret Definition of Auto-Dialer Under the TCPA

We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more

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