Jennifer Rodden Wainwright

1 month ago | jdsupra.com | Alysa Zeltzer Hutnik |Jennifer Rodden Wainwright

On April 7, 2025, the FCC’s Consumer and Governmental Affairs Bureau (CGB) released an order announcing a one-year delay of a new implementing rule for the Telephone Consumer Protection Act (TCPA) related to consumers’ ability to revoke consent to receive autodialed and/or prerecorded calls and texts. The order was issued just days before the rule was scheduled to take effect on April 11. Below we summarize CGB’s action and explain what it means for businesses going forward.

1 month ago | jdsupra.com | Alysa Zeltzer Hutnik |Laura VanDruff |Jennifer Rodden Wainwright

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 from the TCPA’s private right of action. However, outreach to consumers by phone, including texting, can also come under scrutiny under a patchwork of state laws, many of which have unique nuances that create compliance challenges.

Jan 27, 2025 | jdsupra.com | Alysa Zeltzer Hutnik |Jennifer Rodden Wainwright

On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a ruling which vacated the so-called ​“one-to-one” consent requirement for marketing calls and texts adopted by the Federal Communications Commission (FCC) in its implementing rules for the Telephone Consumer Protection Act (TCPA). In its ruling, the court held that the rule adopted by the FCC exceeded the agency’s statutory authority because it conflicted with the plain meaning of ​“prior express consent” in the TCPA.

Jan 24, 2025 | jdsupra.com | Jennifer Rodden Wainwright

Oct 16, 2024 | jdsupra.com | Alysa Zeltzer Hutnik |Jennifer Rodden Wainwright

The Federal Communications Commission has announced that its new Telephone Consumer Protection Act rules related to ​“reasonable” revocation of consent will become effective on April 11, 2025. The rules were approved by the FCC earlier this year, and set forth as follows: Called parties can revoke consent using any reasonable method to clearly express a desire not to receive further calls or text messages.