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Telecommunications Corporate Counsel

Troutman Pepper Locke

AGs Demand End to Unlawful Robocalls Through “Operation Robocall Roundup”

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In 2022, a bipartisan task force of 51 state attorneys general (AGs) was formed to investigate and take legal action against companies allegedly responsible for large volumes of fraudulent and illegal robocall traffic. North...more

Bradley Arant Boult Cummings LLP

A New Era for TCPA Litigation: Conflicting Rulings on Text Messages and Do-Not-Call Rule

The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in...more

Paul Hastings LLP

ICO Annual Report Provides Insight Into Data Protection Risks for Businesses

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The UK Information Commissioner’s Office’s (the ICO’s) latest Annual Report summarises its accomplishments and priorities, including last year’s enforcement actions. Based on our review of the report, we see the ICO focusing,...more

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

Dickinson Wright

Washington State Joins Right-to Repair-Movement

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On May 19, 2025, Washington Governor Bob Ferguson signed into law the Right to Repair Act, which will require original manufacturers of digital electronic products to make available certain parts, tools, and documentation for...more

Kelley Drye & Warren LLP

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...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TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...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

Kelley Drye & Warren LLP

TCPA Tracker: December 2024-January 2025

Eleventh Circuit Strikes Down FCC’s TCPA 1:1 Consent Rule - The Eleventh Circuit recently held that the Federal Communications Commission (“FCC”) exceeded its statutory authority when it issued a 2023 Order interpreting the...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

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...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

Ballard Spahr LLP

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

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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

WilmerHale

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

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On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

Burr & Forman

Ninth Circuit Holds Text Messages Are Not Prerecorded Calls

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Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) - Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more

McGuireWoods LLP

En Banc 11th Circuit Joins Sister Circuits, Deeming One Text Message Enough for TCPA Standing

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Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven of its sister Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury required for standing in...more

Troutman Pepper Locke

Ninth Circuit Holds Phone Owner Suffers Concrete Injury From Unsolicited Telemarketing Texts Even if Not “Actual User” of the...

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On June 30, the Ninth Circuit Court of Appeals held that the plaintiff’s claims that she received five text messages to a cell number that she had placed on the National Do-Not-Call Registry satisfied the demands of Article...more

Ballard Spahr LLP

Third Circuit rejects TCPA claim in “junk fax” putative class action

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On January 19, 2023, the U.S. Court of Appeals for the Third Circuit unanimously affirmed a district court’s dismissal of a Telephone Consumer Protection Act claim arising from allegedly illegal faxes about a free educational...more

Troutman Pepper Locke

Federal Court Finds Text Messages From a Chatbot Do Not Constitute a Prerecorded or Artificial Voice Under the TCPA

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Do text messages sent by a chatbot fall within the provisions of the Telephone Consumer Protection Act (TCPA) prohibiting unsolicited calls made using an “artificial or prerecorded voice?” According to the United States...more

Troutman Pepper Locke

Ninth Circuit Reverses Dismissal of Lawsuit Challenging Unwanted Business Texts Holding TCPA Protection Extends to Business...

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On October 12, the Ninth Circuit issued a decision, reversing the dismissal of a lawsuit on the grounds that the Telephone Consumer Protection Act (TCPA) does not extend to unwanted business texts. In Chennette v. Porch.com,...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - October 2022

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To help organisations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...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

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

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

Where the Buck Stops in TCPA Suits: Not With the Company, But With Controlling Director, Says Court

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Companies are not the only ones with exposure in consumer protection suits, as a defendant company’s director was reminded earlier this month in Zoppi v. Proform Trading LLC, No. 2:21-cv-2307 (D.N.J. Dec. 9, 2021). There, the...more

Davies Ward Phillips & Vineberg LLP

China Mobile Case Illustrates Breadth of Canada’s National Security Review Regime

After operating in Canada for five years, China Mobile International (Canada) Inc. (CMI) was ordered by the Canadian government in August 2021 to shut down or divest its Canadian operations because of national security...more

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