This week’s podcast episode: Telephone Consumer Protection Act update: Developments impacting consent and lead generation
Ballard Spahr LLP » TCPA
by Barbara S. Mishkin
3M ago
New Federal Communications Commission TCPA rules will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text message.  This episode repurposes a recent webinar.  After reviewing TCPA consent requirements for calls and texts and exceptions, we look at the impact of the U.S ..read more
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FCC issues final rule on revocation of consent for robocalls and robotexts 
Ballard Spahr LLP » TCPA
by Michael R. Guerrero and Daniel JT McKenna
4M ago
The Federal Communications Commission (FCC) has issued a final rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to add new provisions addressing how consumers may revoke consent to receive autodialed or prerecorded voice calls or texts and the obligations of callers and texters to honor revocation of consent requests ..read more
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TCPA unsolicited robocall ban now includes AI-generated voices
Ballard Spahr LLP » TCPA
by Kelsey Fayer and J. Matthew Thornton
4M ago
On February 8, the Federal Communications Commission (FCC) finalized its plan to ban robocalls that feature voices generated by artificial intelligence, aiming to stem the tide of AI-generated scams and misinformation campaigns.  The FCC’s declaratory ruling formalized its position that the Telephone Consumer Protection Act (TCPA)—specifically, the provision prohibiting the initiation of calls “using an artificial prerecorded voice to deliver a message without the prior express consent of the called party”—applies to the use of AI-generated voices.  ..read more
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Ballard Spahr to hold Feb. 20 webinar on TCPA developments impacting consent and lead generation
Ballard Spahr LLP » TCPA
by Barbara S. Mishkin
4M ago
New FCC rules under the Telephone Consumer Protection Act will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text message.  On February 20, 2024, from 1:00 p.m. to 2:00 p.m. ET, Ballard Spahr will hold a webinar in which members of the firm’s Telephone Consumer Protection Act Industry Group will discuss: The so-called “lead generator loophole” and the FCC’s efforts to close it ..read more
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New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain consent from lead generators
Ballard Spahr LLP » TCPA
by Daniel JT McKenna, Jenny N. Perkins, Matthew A. Morr and Michael R. Guerrero
6M ago
Yesterday, by a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  The new rule represents a major change for the online lead generation industry, including comparison shopping websites, by requiring lead generators to obtain consumer consent to receive robocalls and robotexts from one seller at a time, rather than having a single consent apply to multiple sellers at once.   ..read more
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FCC and FTC Announce new AI Calling and Voice Initiatives
Ballard Spahr LLP » TCPA
by Timothy Dickens
7M ago
On November 16th, the Federal Communications Commission (“FCC”) and Federal Trade Commission (“FTC”) announced new independent initiatives regarding the use and implications of AI technologies on consumers in the context of telephone and voice communications. These initiatives align with the recent Executive Order on Artificial Intelligence and show federal regulators’ expanding focus on existing and anticipated AI issues ..read more
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Ninth Circuit rules text messages not “prerecorded voice messages” under TCPA
Ballard Spahr LLP » TCPA
by Joel E. Tasca
11M ago
A unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that text messages are not “prerecorded voice messages” for purposes of the Telephone Consumer Protection Act’s (TCPA) prohibition on using “an artificial or prerecorded voice” to make non-emergency calls to cell phone numbers without the called party’s consent ..read more
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Sixth Circuit rules plaintiff’s receipt of one ringless voicemail provides standing for TCPA claim
Ballard Spahr LLP » TCPA
by Daniel JT McKenna
11M ago
A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert a claim under the Telephone Consumer Protection Act (TCPA). In Dickson v.  Direct Energy LP, the plaintiff alleged that the defendant delivered multiple RVMs to his cell phone voicemail box in which the defendant advertised its services.  ..read more
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Third Circuit rejects TCPA claim in “junk fax” putative class action
Ballard Spahr LLP » TCPA
by Michael Fausey
1y ago
On January 19, 2023, the U.S. Court of Appeals for the Third Circuit unanimously affirmed a district court’s dismissal of a Telephone Consumer Protection Act claim arising from allegedly illegal faxes about a free educational seminar. Appellee Millennium Health LLC operated a laboratory providing drug testing and medication monitoring services to healthcare professionals, including Appellant Dr ..read more
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Ninth Circuit panel follows circuit precedent on TCPA autodialer definition but concurring judge takes issue with precedent
Ballard Spahr LLP » TCPA
by Daniel JT McKenna and Joel E. Tasca
1y ago
A Ninth Circuit panel affirmed the district court’s dismissal with prejudice of a class action complaint in which the plaintiff alleged that Meta Platforms, Inc. (Meta) violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited “Birthday Announcement” text messages to consumers’ cell phones.  Among other restrictions, the TCPA prohibits calls to cell phone numbers using an Automatic Telephone Dialing System (ATDS) without prior express consent.  ..read more
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