News & Analysis as of

Telemarketing Consent

Klein Moynihan Turco LLP

Everything Is Bigger In Texas: Amended Telemarketing Law Effective September 1, 2025!

While our readers are keenly aware of federal telemarketing regulations, most notably the Telephone Consumer Protection Act (“TCPA”), fewer readers likely know about the various “mini-TCPA” laws that exist in numerous states....more

Paul Hastings LLP

Marketing Texts in Texas: SB 140 Broadens State Telemarketing Regulations

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On September 1, 2025, Texas Senate Bill 140 (SB 140) becomes effective, broadening certain aspects of the state’s telemarketing law to cover text messages, multimedia messages and similar electronic communications. The...more

Troutman Amin LLP

Easy Dobronski Win: Court Recalculates Higher Damages and Grants Default

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In his latest win, Mark Dobronski filed suit against George Magana Younghorse, doing business as Signzdirect, claiming 19 unsolicited fax advertisements violated both the Telephone Consumer Protection Act (TCPA) and...more

Troutman Amin LLP

SILLY TROLL: No You Can’t Invite Calls And then Sue For Them

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Every once in a while I see a case where a Plaintiff invites calls on a recorded call and then sues for the calls. Its weird. But it happens often enough that it merits discussion. So the law requires written prior express...more

Kelley Drye & Warren LLP

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to...more

Klein Moynihan Turco LLP

Court Upholds TCPA Prerecorded Voice Claims

On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc.,...more

Polsinelli

TCPA Class Actions Challenge Companies for Not Scrubbing Against the FCC’s Reassigned Numbers Database

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Key Takeaways: Companies should scrub calling lists against the Reassigned Numbers Database (RND) at least every 31 days to protect themselves from TCPA liability....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

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

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A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...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

BCLP

Don’t Mess with Texas! How Will Texas’s Amendment to Its State Telemarketing Law Impact Litigation?

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On June 20, 2025, Governor Greg Abbott of Texas signed Texas SB140 into law, significantly amending Texas’s telemarketing statute, which is part of the Texas Business and Commerce Code (“TBCC”). The amendments will take...more

Klein Moynihan Turco LLP

TCPA Quiet Hours Telemarketing and Consent

Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more

Klein Moynihan Turco LLP

TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...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

Troutman Pepper Locke

Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges

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On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more

Troutman Amin LLP

GAME CHANGER: After McLaughlin, Can Businesses Continue to Rely on the Rule that they have Express Consent Anytime a Consumer...

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Happy Monday everyone! The Baroness here. Lets talk about something important. If you haven’t read the U.S. Supreme Court’s recent opinion in McLaughlin Chriopractric v. McKesson, you may want to do so now. It’s a very very...more

Conyers

Bermuda Telemarketing Guidance Note

Conyers on

1. Governing Texts 1.1. Legislation The Personal Information Protection Act 2016 (as amended) (PIPA) The Electronic Transactions Act 1999 (as amended) (ETA) The Standard for Electronic Transactions (the ETA Standard) ...more

Klein Moynihan Turco LLP

Let’s Be Real: AI TCPA Lawsuits Are on the Rise

Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v....more

Troutman Amin LLP

TCPAWORLD AFTER DARK: ETN America Issues a Press Release After TCPA Class Action Suit Filed– and I like the Move

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So just last week I reported on a new suit against ETN America and its CEO Well today the company issue a press release to reassure folks in the lead gen space. Pretty good move if you ask me. Content of press release is...more

Eversheds Sutherland (US) LLP

Eight-figure CIPA settlement underscores importance of telemarketing compliance

On May 13, 2025, a $19.5 million settlement of a California Invasion of Privacy Act (CIPA) class action against a major financial institution and its telemarketing vendor moved one step closer to final approval. The...more

Klein Moynihan Turco LLP

TCPA Complaints Can Cost a Lot of Dough!

On May 23, 2025, Pizza Hut (“Defendant”) entered into a settlement agreement to resolve a putative class action lawsuit filed in the United States District Court for the Western District of Louisiana. In Brennan v. Pizza Hut,...more

Hinch Newman LLP

How to Reduce Potential TCPA Liability and FCC Reassigned Numbers Database

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The Federal Communications Commission’s Reassigned Numbers Database is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Telemarketers can use the...more

Klein Moynihan Turco LLP

Surge in TCPA Quiet Time Litigation

Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late...more

Bradley Arant Boult Cummings LLP

The TCPA Landscape in 2025: Key Developments and Compliance Priorities

The Telephone Consumer Protection Act (TCPA) continues to be a major source of litigation risk for businesses engaged in outbound marketing. In the first quarter of 2025, litigation under the TCPA surged dramatically, with...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

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The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

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