Read about FCC compliance rules concerning consumer requests to revoke consent for calls and texts under the TCPA, FCC Enforcement Bureau actions aimed at stopping the transmission of illegal robocall traffic over gateway provider Identidad Advertising Development LLC’s network, and a pending Supreme Court case that raises the issue of whether the Hobbs Act required a district court to accept the FCC’s interpretation of the TCPA as it pertains to faxes received by email. 

Read about McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, a pending Supreme Court case that raises the issue of whether the Hobbs Act required a district court to accept the FCC’s interpretation of the TCPA as it pertains to faxes received by email. 

Read about an FCC Report and Order commissioners will vote on individually that encompasses two other pending orders related to call-blocking, text-message blocking, and making e-mail-to-text an opt-in service. This month’s newsletter also covers a Florida federal court’s dismissal of a TCPA class action involving a text message and multiple calls stemming from the plaintiff’s disclosure of her phone number during a store survey.

Read about a Florida federal court’s dismissal of a TCPA class action involving a text message and multiple calls stemming from the plaintiff’s disclosure of her phone number during a store survey.

Read about a Texas federal court’s decision in Bradford v. Sovereign Pest Control, which provided valuable guidance on when a call or text message qualifies as telemarketing and requires heightened consent.

Read about the FCC’s adoption of a Notice of Apparent Liability against voice service provider Lingo Telecom, its proposed rulemaking focused on AI-generated robocalls and robotexts, and its Notice of Inquiry seeking comment on protecting privacy in connection with calls made using AI technologies, plus a Texas federal court decision that provides guidance on when a call or text message qualifies as telemarketing and requires heightened consent.

In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff Brian J. Lyngaas D.D.S.’s (Lyngaas) motion for class certification, agreeing with IQVIA that the class did not cross the Third Circuit’s threshold ascertainability requirement.

Read about the FCC’s Initial Determination Order against a provider facilitating illegal tax robocalls and draft Notices of Proposed Rulemaking related to Robocall Mitigation Database procedures and AI-related issues in robocalling, plus a New York federal court’s decision in Cacho v. McCarthy & Kelly, which provides valuable insights into TCPA compliance and defense strategies post-Chevron.

Read about a New York federal court’s decision in Cacho v. McCarthy & Kelly, which provides valuable insights into TCPA compliance and defense strategies post-Chevron.

Read about a Maryland federal court’s decision that a defendant in a TCPA case had not obtained prior express written consent via phone to make certain telemarketing calls and a Fourth Circuit opinion providing further guidance on fax advertisements under the TCPA.