News & Analysis as of

Text Messages Consumer Protection Laws

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

Troutman Amin LLP

“Prepare for the onslaught of 64.1601 claims”: New Ruling Confirms Private Right of Action On Caller ID AND Extends Rule to SMS...

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Received an email from Andrew Perrong this morning entitled: “Prepare for the onslaught of 64.1601 claims.” He wasn’t kidding. This is a complete disaster. In Newell v. JR Capital, 2:25-cv-01419-GAM (E.D. Pa. July 16, 2025)...more

Troutman Amin LLP

ANOTHER ONE???: Folsom Insurance Agency LLC Facing Sanctions After TCPA Discovery Loss By #BigLaw Counsel

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Good lord another one? I can’t keep up with all the #biglaw losses. I mean, when was the last time ANY #biglaw firm won ANTHING in a TCPA case? My goodness. What a disaster. Here’s another one. In Bond v. Folsom Insurance...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

Troutman Pepper Locke

Texas Federal District Court Grants Summary Judgment on FDCPA and TDCA Claims Over Texts and Calls to a Wrong Number

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In a recent decision from the U.S. District Court for the Southern District of Texas, the court granted summary judgment in favor of the defendants in a Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act...more

McGlinchey Stafford

District Court Finds Defendant Honored Opt-out Request Within Reasonable Timeframe under TCPA

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The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — Congress Hears from Industry Stakeholders on the Next Steps to Combatting Illegal Robocalls and...

On June 4, 2025, the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations held a hearing on combating illegal robocalls and robotexts. The hearing, entitled “Stopping Illegal Robocalls and...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — Wake Up and Smell the Coffey — Offers to Buy Not Solicitations

In 2024, plaintiff Vicki Coffey allegedly received “numerous telephone calls and text messages . . . seeking to solicit Plaintiff to sell her home . . . .” The first, for example, asked, “Have you given up on selling your . ....more

Troutman Amin LLP

EVERYTHING IS BIGGER IN TEXAS: SB140 PASSED–TEXAS’ NEW MINI-TCPA TAKES EFFECT SEPTEMBER 1, 2025!: Bringing New Private Right of...

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On June 20, 2025 – Governor Abott signed into law Texas Bill SB140 – as TCPAWorld previously reported the Texas-sized bill drastically amends the Texas Mini-TCPA statute – the Texas Business & Commerce Code (“TBCC”) by...more

Troutman Amin LLP

NOT “UNREASONABLE: Three Texts Over Seven Days After Revocation Not Sufficient to Show Lack of Internal DNC Policy

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TCPA revocation cases are on the rise, and a closely related type of case– the internal DNC claim– is on the rise along with it. There is a slight difference between the two types of cases, and one which we don’t talk about...more

Troutman Amin LLP

FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That...

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2025 has been the Year of the TCPA Class Action with filings more than doubling from last year. And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova. Fashion Nova, which Wikipedia...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

Blank Rome LLP

Texas SB140: Changes to Telemarketing Law May Reshape Compliance and Litigation Risks

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Texas is poised for a significant overhaul of its telemarketing regulations with the anticipated enactment of Senate Bill 140 (“SB140”). Awaiting Governor Abbott’s signature and scheduled to take effect on September 1, 2025,...more

Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

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After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

Klein Moynihan Turco LLP

Stock Advisory Hit With DNC Registry Lawsuit

On June 9, 2025, Tradercodes, 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”). The National DNC...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #446 – Department of Motor Vehicles Warns Drivers About Smishing Text Surge

Smishing schemes involving Departments of Motor Vehicles nationwide have increased. Scammers are sending SMS text messages falsely claiming to be from the DMV that “are designed to deceive recipients into clicking malicious...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

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

Blank Rome LLP

Clocked In: FCC Seeks Clarity on Call Time Rules

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In our previous alert, Tick-Tock, Don’t Get Caught: Navigating TCPA’s Quiet Hours, we discussed a growing wave of lawsuits targeting businesses under the Telephone Consumer Protection Act (“TCPA”) for allegedly sending text...more

Venable LLP

Telemarketing and Texting

Venable LLP on

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #440 – Text Scam Proceeds Surpass $470M in 2024

I have been getting a lot of texts that are clearly scams, and those around me have confirmed an increase in spammy texts. According to an FTC Consumer Protection Data Spotlight, individuals lost over $470 million...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Hulce – The TCPA’S “Free” Pass

With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...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

Orrick, Herrington & Sutcliffe LLP

Petition urges FCC to clarify Telephone Consumer Protection Act, curb litigation abuse

On March 11, the FCC released a Public Notice seeking comment on a petition for a declaratory ruling and/or waiver filed by petitioners who request the FCC clarify its Telephone Consumer Protection Act (TCPA) rules. The...more

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