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Telecommunications Appeals Telemarketing

Troutman Amin LLP

THE LONGEST DISTANCE: Class Counsel Always Need to Hold Their Breath When Seeking Their Big Pay Days– Here’s Why

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What were you doing back in April, 2018? I actually remember that timeframe very well for unfortunate reasons I will not discuss because I am nice Czar right now. But for Mike Greenwald– Mr. Number One– he was merrily...more

Womble Bond Dickinson

FCC Repeals One-to-One Consent Rule Following Eleventh Circuit Decision

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Following a January 2025 decision by the Eleventh Circuit Court, the Federal Communications Commission (FCC or Commission) has repealed its one-to-one consent rule for prior express written consent, consistent with its...more

Troutman Amin LLP

CURIOUS: Second Circuit Issues Oddly-Worded Remand In LaBoom Disco ATDS Ruling Following Facebook– Does It Mean Anything?

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Real quick one for the TCPA super nerds. You’ll recall way back in April 2020 the world was melting down. No, I’m not talking about COVID. I am talking about ATDS cases. Perhaps the high-water mark of TCPAWorld ATDS chaos...more

Klein Moynihan Turco LLP

FCC Deletes Deletes Deletes One-To-One Consent TCPA Rule

In line with the Federal Communications Commission’s (“FCC”) initiative to eliminate unnecessary rules, the FCC recently rendered its one-to-one Telephone Consumer Protection Act (“TCPA”) consent rule (“TCPA Rule”) dead by...more

Pierce Atwood LLP

FCC Dials Back TCPA Rules While Consumer and Small Business Groups Move to Intervene

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The first months of 2025 have brought a number of notable developments in TCPA litigation and compliance, kicking off with the eleventh-hour announcement by the FCC on January 24 that it would postpone the effective date of...more

Kelley Drye & Warren LLP

TCPA Tracker: February-March 2025

FCC Delays Effective Date for New TCPA Consent Revocation Rule - The FCC announced on April 7, 2025, that it was issuing a one-year delay on its latest TCPA implementing rule governing consent revocation, Section...more

Troutman Pepper Locke

FCC “One-to-One Rule” Case: States File Amicus Brief in Support of Rehearing

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Last month, we discussed the motion filed by the National Consumers League and four small business owners to intervene in the case of Insurance Marketing Coalition Limited. v. FCC. This motion aimed to challenge the Eleventh...more

Klein Moynihan Turco LLP

Autodialer TCPA Claim

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more

Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

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Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

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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

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Strikes Down One-to-One Consent Rule

On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule. Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 9 the Eleventh Circuit ruled that the FCC...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...

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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

Orrick, Herrington & Sutcliffe LLP

11th Circuit vacates part of FCC’s rule on “prior express consent”

On January 24, the U.S. Court of Appeals for the Eleventh Circuit vacated Part III.D of the FCC’s 2023 Order, known as the “one-to-one consent rule” in the Telephone Consumer Protection Act (TCPA), which was scheduled to take...more

Benesch

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

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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

Pierce Atwood LLP

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

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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

Klein Moynihan Turco LLP

One-to-One Consent Rule Vacated: What Comes Next?

In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more

Husch Blackwell LLP

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

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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

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Inaudible Texts and Bankruptcy Fees

This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Perkins Coie

DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing Calls

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The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more

Burr & Forman

Glasser v. Hilton: Citing Principles of Statutory Interpretation, the Eleventh Circuit Drastically Reduces the Scope of TCPA

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The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991.  However, since passage of the Act there has been considerable debate...more

Fenwick & West LLP

Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case

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In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more

Eversheds Sutherland (US) LLP

Redial: 2017 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. This publication reflects our in-depth analysis...more

Ballard Spahr LLP

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

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The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

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