If you thought the fourth quarter of the Chiefs and Bills playoff game was exciting, the Eleventh Circuit on January 24 granted a last-minute victory to industry in vacating certain portions of the FCC’s December 2023 Report and...

On December 13, 2023, the Federal Communications Commission (“FCC”) voted to adopt a Second Report and Order modifying the Telephone Consumer Protection Act (“TCPA”) rules to further restrict “unwanted texts.”  Among other things, the Order—a draft of...

Robocalls: consumers hate them, plaintiffs’ lawyers love them, and near-sentient robots stop them so effectively that spam calls are a thing of the past. Wait, what?  The FCC is expected to vote later this month to kick-off...

On July 20, 2023, major changes take effect in the Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) rules. These changes are years in the making (the Order was released in December 2020!), but long...

A federal judge in Washington state ruled that substantial compliance with the Telephone Consumer Protection Act (“TCPA”)’s Do Not Call (“DNC”) safe harbor provision can shield a company from TCPA liability based on DNC violations....

The Supreme Court’s April 2021 decision in Facebook, Inc. v. Duguid struck down a broad reading of the Telephone Consumer Protection Act (“TCPA”) that had created a flood of litigation over the past several years. The Court...

The Supreme Court’s July 6th decision in Barr v. American Association of Political Consultants, Inc. quickly dashed hopes that the sea of litigation centered around the Telephone Consumer Privacy Act (“TCPA”) would come to an end.  The TCPA...

Since the D.C. Circuit issued its ruling in March invalidating as arbitrary and capricious many of the FCC’s interpretations of the Telephone Consumer Protection Act (“TCPA”), courts have been tasked with clarifying the definition of...

Following the D.C. Circuit’s narrowing of the FCC’s broad definition of an autodialer in its 2015 Omnibus TCPA Declaratory Ruling and Order (“Omnibus Order”), the Third Circuit has ruled that a dialing system must have...

The D.C. Circuit issued its much-anticipated ruling paring back the FCC’s 2015 Omnibus TCPA Declaratory Ruling and Order (“Omnibus Order”). The opinion: (1) invalidated the FCC’s interpretation of “autodialer” under the TCPA; (2) determined that...