News & Analysis as of

Telemarketing Enforcement

Klein Moynihan Turco LLP

Caller ID and Text Messages

In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — Industry Traceback Group Makes Case to Remain Registered Consortium

On May 23, 2025, USTelecom, the leader of the Industry Traceback Group (ITG), submitted a letter presenting its case for continued designation as the registered traceback consortium (“Registered Consortium”) — the entity (or...more

Troutman Amin LLP

ROBOCALLS ON THE RISE: Latest Robocall Index Update Confirms Trend– Robocalls Up Nearly 20% YoY

Troutman Amin LLP on

Well Americans have endured 3 billion more robocalls in 2025 than in 2024 according to YouMail’s famous Robocall Index. The Index reveals Americans received 4,829,181,100 robocalls in May, 2025 as opposed to 4,480,264,800 in...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

Klein Moynihan Turco LLP

Is TCPA Consent Rule Really Dead?! Maybe Not, Say 28 States

The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the...more

Cozen O'Connor

Bipartisan AGs Support FCC’s Rule Closing RoboCall Loophole

Cozen O'Connor on

A bipartisan coalition of 28 AGs filed an amicus brief supporting the FCC in its defense of its “one-to-one consent” Rule, which would close a consent loophole by requiring written consent from consumers for robocalls and...more

McGuireWoods LLP

Delayed One-to-One Consent Rule Gives Companies Reprieve, Plus Other TCPA Updates

McGuireWoods LLP on

The Federal Communications Commission recently announced that it is postponing the one-to-one consent rule for at least one year. Implementation of the rule would have significantly altered the requirements for obtaining...more

Moritt Hock & Hamroff LLP

Reminder: FCC’s One-to-One TCPA Consent Rule Takes Effect January 27

Are you ready? On January 27, 2025, the Federal Communication Commission’s (FCC) Oneto-One Consent Rule goes into effect, which could raise enforcement and litigation risks. If this applies to your business, hopefully your...more

Wiley Rein LLP

Reminder: FCC’s One-to-One TCPA Consent Rule Takes Effect January 27, Raising Enforcement and Litigation Risks

Wiley Rein LLP on

The Federal Communications Commission’s (FCC or Commission) new Telephone Consumer Protection Act (TCPA) one-to-one consent rule takes effect in less than one week – on January 27, 2025. The new rule, once effective, will...more

Perkins Coie

FCC Proposes New Rules for AI-Generated Content in Calls and Texts

Perkins Coie on

The Federal Communications Commission (FCC) has once again set its sights on artificial intelligence (AI), proposing consumer protections in the use of AI-generated content in robocalls and robotexts. Illegal robocalls and...more

Hinch Newman LLP

FTC Action Leads to Settlement Against Defendants Alleged to Have Operated a Business Opportunity Scheme

Hinch Newman LLP on

On August 8, 2024, the Federal Trade Commission announced that as a result of a lawsuit, two defendants that allegedly helped operate a purported business opportunity scheme known by several names have agreed to settlements...more

Shipkevich PLLC

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

Shipkevich PLLC on

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

Foley & Lardner LLP

Health-Care Fraud Scrutiny Heats Up For Companies, Providers

Foley & Lardner LLP on

This year will see a continued proliferation of enforcement against health-care fraud, with old and new theories. Some hot spots for enforcement will involve cases about new technologies; data outliers; entities perceived as...more

Hinch Newman LLP

Lead Generator Faces Devastating Monetary Penalties for Allegedly Violating Telemarketing Sales Rule

Hinch Newman LLP on

On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Communications Commission Acts to Prevent Unwanted and Illegal Phone Calls and Text Messages

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) are partnering in “Operation Stop Scam Calls,” a multijurisdictional effort to stop illegal telemarketing calls. Recent actions by the FCC...more

Hinch Newman LLP

Federal Trade Commission Continues to Issue CIDs and Initiate Enforcement Actions Against Sham Charities and Fundraisers That...

Hinch Newman LLP on

In 2018, the Federal Trade Commission announced “Operations Donate with Honor,” as law enforcers united to challenge deceptive fundraising. At the time, 54 Attorneys General from all 50 states, the District of Columbia,...more

Hinch Newman LLP

Roundup of FTC Consumer Protection Matters of Interest to Digital Advertisers: April 2023

Hinch Newman LLP on

In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more

Hinch Newman LLP

FCC Rules on Lead Generation "Consent Farms" to Capture Consent for Telemarketing Purposes

Hinch Newman LLP on

In December 2022, the FCC’s Robocall Response Team announced that the Enforcement Bureau has ordered telecommunications companies to stop carrying robocalls related to known student loan scams. Voice service providers must...more

Womble Bond Dickinson

Changes on the horizon? Here is the REDLINE You’ve Been Waiting for Tracking How the Stopping Bad Robocalls Act Would Change the...

Womble Bond Dickinson on

Back on June 7, 2018, Representative Frank Pallone, Jr. and Senator Edward J. Markey proposed similar bills to their respective branches of Congress, each entitled the “Stopping Bad Robocalls Act.” The bills are 19 and 18...more

Latham & Watkins LLP

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

Latham & Watkins LLP on

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the...more

Wilson Sonsini Goodrich & Rosati

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

Davis Wright Tremaine LLP

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

Ballard Spahr LLP

FTC Charges Payment Processor with ‘Assisting and Facilitating’ Debt Relief Scam

Ballard Spahr LLP on

The Federal Trade Commission recently brought an enforcement action against a company that processed credit card payments for the operator of an alleged debt relief telemarketing scam. This action serves as a reminder to...more

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