TCPA

Recently the FCC announced that, effective April 8, 2024, an entity is allowed to send a one-time, follow-up text message confirming its receipt of a person’s revocation of consent. Under the TCPA, certain...

Today the FCC issued a ruling that artificial intelligence (“AI”)-generated voice calls can violate the TCPA. This isn’t particularly surprising, as it comes on the heels of FCC Chairwoman Jessica Rosenworcel recently proposing just that. It also comes just two days...

It has become fashionable to think of the TCPA as a monolithic beast that remedies all “unwanted” communications. But Congress’s law has a well-defined, two-part structure that courts are supposed to apply. As demonstrated in Jones v. Montachusetts Reg’l Transit...

In an earlier blog, we explained the two main pillars of the TCPA.  To recap, Section 227(b) deals with autodialed, prerecorded, and artificial voice calls to cell phones and residential lines.  If you’re going to make any of those calls, you need “prior express...

Under the Telephone Consumer Protection Act (“TCPA”), there are two types of do-not-call lists: company-specific do-not-call lists and the National Do Not Call Registry (“NDNCR”).  They’re clearly not the same thing, and the differences matter, as the plaintiff in...

On December 18, 2023, the Federal Communications Commission (“FCC”) issued an Order, linked here.  The Order makes two major updates on upcoming changes to the FCC’s TCPA rules, 47 C.F.R. § 64.1200. First, it significantly restricts how one can get a consumer’s “prior...

The TCPA (Telephone Consumer Protection Act) and the FCC’s (Federal Communications Commission) implementing regulations are full of technical requirements for calling and texting campaigns. They're are all built around two core pillars: Restrictions on...

According to the federal district court in Arizona, a Multimedia Messaging Service (“MMS”)—a text message with visual and, if you choose, audio content—does not violate the prerecorded voice provisions of the TCPA if the text messages does...

Typically a member of a certified class in a TPCA case need not do anything to become a class member. The named plaintiff does the work of identifying potential class members and providing them with notice. The people receiving notice will automatically be a class...

The Eleventh Circuit recently held that the receipt of a single unwanted text message causes a sufficient enough injury for a plaintiff to maintain a Telephone Consumer Protection Act (“TCPA”) claim. The case is Drazen v. Pinto. Background:...

Text Messages Do Not Include Artificial Or Prerecorded Voices For TCPA Purposes A federal appellate court has held that, under the Telephone Consumer Protection Act (“TCPA”), text messages don’t contain artificial or prerecorded voices. The case is Trim v. Reward Zone...

TCPA Class Expert’s Testimony Excluded and Class Certification Denied Capital One just scored a major victory by getting TCPA class expert Anya Verkhovskaya’s testimony excluded. The court also denied class certification due to plaintiff’s reliance on Ms....

Changes to New Jersey’s telemarketing restrictions become effective December 1, 2023 thanks to New Jersey recently making some changes to N.J. Stat § 56:8-128, titled “Requirements relative to telemarketing sales calls.” If you work in the telemarketing industry,...

When will the Maryland Mini-TCPA go into effect? Maryland is passing a mini-TCPA regulating the act of telephone solicitation called “Stop the Spam Calls Act of 2023.” While this act does not go into effect till January 1, 2024, it’s never too early to familiarize...

  The Florida Telephone Solicitation Act (“FTSA”), Fla. Stat. § 501.059, has been a thorn in the side of the telemarketing industry since its enactment. A recent amended to the FTSA provided much needed relief. On May 25, 2023, the Governor of Florida signed a...