News & Analysis as of

Telecommunications Cell Phones

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

Troutman Amin LLP

THE DEATH OF PRESUMPTION: Are Cell Phones Still “Residential” Post McLaughlin?

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The TCPA landscape is being reshaped in real time and we’re here to bear witness. With the Supreme Court’s decision in McLaughlin Chiropractic Assocs. v. McKesson Corp., No. 23-1226, 2025 U.S. LEXIS 2385 (June 20, 2025), the...more

Troutman Amin LLP

TEXTS AREN’T CALLS!: State Appellate Court Holds Text Messages Are Not Telephone Calls Were Purposes of Criminal Statute

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Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more

Kohrman Jackson & Krantz LLP

Dialing Down the Distractions: New Ohio Bill Aims to Ban Cellphone Usage in the Classroom

Amid ongoing conversations about student focus and classroom distractions, Ohio lawmakers are considering new measures to regulate cellphone use in schools. These discussions reflect growing concerns among educators, parents,...more

DLA Piper

Direct to Device Satellite Services and MSS Services: Upcoming Regulatory Changes

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New satellite services are in development which will permit satellites to communicate directly with unmodified end user phones. These services fall into a category of satellite services known as direct to device services, or...more

Cozen O'Connor

North Carolina Asks Cell and Internet Providers for Hurricane Relief

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North Carolina AG Josh Stein issued a letter to major cell service and internet providers requesting that they offer expanded service and other assistance to the state’s residents most impacted by Hurricane Helene....more

Brownstein Hyatt Farber Schreck

FCC Announces Effective Date for New Revocation of Consent Order

Earlier this year, the Federal Communications Commission (FCC) published a new report and order (“Order”) concerning revocation of consumer consent under the Telephone Consumer Protection Act (TCPA). The new rules revise how...more

Sheppard Mullin Richter & Hampton LLP

Ring, Ring, it’s the FCC Calling- TracFone to Pay $16M to Settle FCC Investigation

TracFone, the pre-paid phone company, recently settled with the FCC over allegations that the company failed to protect customer information during three different data incidents. According to the FCC, in each of the...more

Robinson+Cole Data Privacy + Security Insider

Tracfone Settles FCC Investigation for $16 Million

This week, the Federal Communications Commission (FCC) announced a settlement with TracFone Wireless to resolve investigations into whether TracFone failed to reasonably protect its customers’ information from unauthorized...more

Nelson Mullins Riley & Scarborough LLP

Beware of Scams that Hijack Cellphone Accounts: The Importance of Authentication for Businesses and Consumers: Privacy Day...

Consumers use cell phone numbers to authenticate their identities across a variety of accounts, such as those held with wireless providers, financial institutions, healthcare providers, and retail websites. One common example...more

Troutman Pepper Locke

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

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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

Jones Day

New FCC Rule Affects Consumer Consent for Robocalls and Robotexts

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A new FCC rule will require comparison shopping websites and lead generators to obtain consumer consent to receive robocalls and robotext messages one seller at a time....more

Troutman Pepper Locke

FCC Closes Lead Generator Loophole by Requiring One-to-One Consent; Proposes Further Regulation of Robocalls/RoboTexts

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On December 13, by a vote of 4-1, the Federal Communications Commission (FCC) adopted new rules aimed at “closing the ‘lead generator’ robocall/robotexts loophole.” Specifically, the rule requires telemarketers to obtain...more

Sheppard Mullin Richter & Hampton LLP

Shutting Down the Cell Phone Scammers: The FCC Adopts Rules to Crack Down on Fraudulent Practices against Wireless Phone Users

On November 16, 2023, the Federal Communications Commission (“FCC”) released a Report & Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”), adopting measures to address two techniques bad actors frequently...more

Troutman Pepper Locke

Arizona Federal District Court Holds MMS’s Are Not Prerecorded Messages Under the TCPA Unless They Play Automatically

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A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages...more

Walkers

(Jersey) Cell Companies

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The Companies (Jersey) Law 1991 (the "Law") permits the creation of cell companies and sets out the legal requirements relating to cell companies in Jersey. In essence, cell companies are companies whose assets and...more

Orrick, Herrington & Sutcliffe LLP

9th Circuit affirms TCPA dismissal

On August 8, the Ninth Circuit affirmed a district court’s dismissal of a cause of action under the TCPA, wherein the plaintiff alleged that the defendant sent her three mass marketing text messages that utilized “prerecorded...more

Kelley Drye & Warren LLP

TCPA Tracker - February and March 2023

RECENT NEWS - FCC Issues Report and Order Aimed at Unlawful Texting - On February 23, 2023, the FCC issued a Report and Order (the “Order”) which took aim at unlawful texting, marking the first time the FCC has taken...more

Brownstein Hyatt Farber Schreck

FCC Takes First Steps to Curb Scam Texts, Looks to Clamp Down on Lead Generators

Blocking Texts Highly Likely to Be Illegal - Until now, the FCC has focused on curbing illegal robocalls. It has now turned its attention to illegal robotexts, which the agency notes have been increasing rapidly. In an...more

Goodwin

FCC Confirms “Ringless Voicemails” Are Subject to the TCPA

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On November 21, 2022, the Federal Communications Commission (FCC) released an order concerning “ringless voicemails” and the Telephone Consumer Protection Act (TCPA). In this ruling, the FCC confirmed that the delivery of...more

Kelley Drye & Warren LLP

TCPA Tracker November 2022

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RECENT NEWS - Consumer Consent Required to Send “Ringless Voicemails,” FCC Finds - The Federal Communications Commission ("FCC"), in a recent Declaratory Ruling and Order, stated that callers must obtain consumer...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - December 2022

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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

Brownstein Hyatt Farber Schreck

FCC Declares Ringless Voicemails to Be Calls Subject to the TCPA

The Federal Communications Commission (“FCC”) released an order finding that ringless voicemails constitute calls subject to the Telephone Consumer Protection Act (“TCPA”). Companies sending prerecorded or artificial messages...more

Wiley Rein LLP

Maryland Court of Appeals Updates the ‘Particularity’ Standard for Cell Phone Searches as U.S. Courts Develop New Doctrines for...

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On August 29, 2022, the Maryland Court of Appeals issued its opinion in Richardson v. Maryland, expanding the protection of the Fourth Amendment for subjects of criminal investigations whose cell phones are subject to a...more

EDRM - Electronic Discovery Reference Model

[Flash Webinar] Deleted Text Messages from Secret Service, DOD & DHS - August 18th, 1:00 pm - 2:15 pm ET

EDRM Ripped From the Headlines Webinar Series: In this fireside roundtable, guests, Jason R. Baron, former NARA and current Professor of the Practice at the University of Maryland and James and Jack Dever, cyber attorneys...more

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