A recent decision out of the United States District Court for the Southern District of New York provides a great opportunity to discuss the Telephone Consumer Protection Act’s (“TCPA”) National-Do-Not-Call-Registry (“DNC”) rule and some applicable exceptions. In...
The Telephone Consumer Protection Act (“TCPA”) allows for autodialer and prerecorded calls to be made to a called party that provided his or her consent. But as the defendant in Schwartz v. Hall Insurance Group., Inc.[1] learned, consent is not always a surefire...
Whether the Telephone Consumer Protection Act’s (“TCPA”) National-Do-Not-Call-Registry (“NDNCR”) rules apply to cellphones has been a hotly debated issue. The issue stems from a 2003 Federal Communications Commission (“FCC”) order instructing that cellphones are...
On August 7, 2024, the Federal Communications Commission (FCC) took a significant step with a Notice of Proposed Rulemaking and Notice of Inquiry concerning the use of artificial intelligence (AI) in outbound calls and texts. This move aligns with the FCC’s ongoing...
Recently the FCC1 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 prohibited calls and texts are allowed when the called person...
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...
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...
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...
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...