TCPA Watch, published by K&L Gates, focuses on legal developments and regulatory changes related to the Telephone Consumer Protection Act (TCPA) and state telemarketing laws. The blog covers topics such as FCC rulings on AI-generated robocalls, legislative amendments to state telephone solicitation acts, court decisions interpreting the scope of autodialers and do-not-call regulations, and evolving telemarketing compliance requirements. It addresses issues including consent requirements, automated dialing systems, robocall enforcement, and the impact of mixed-use phone numbers on TCPA claims. The blog provides analysis of federal and state regulatory actions, judicial interpretations, and practical implications for telemarketing and consumer protection law.
By: Joshua Durham
Effective immediately, the Federal Communications Commission (FCC) banned AI-generated phone calls with its recent Declaratory Ruling (the Ruling). Known as audio or voice “deepfakes,” AI can be trained to mimic any person’s voice, resulting in novel scams…
By Joseph C. Wylie, Nicole C. Mueller, Jonathan R. Vaitl
Florida’s legislature has sent changes to the Florida Telephone Solicitation Act (the FTSA) to the governor’s desk for signature that significantly restrict the scope of the act and…
Joseph C. Wylie II, Nicole C. Mueller, Jonathan R. Vaitl
Since the U.S. Supreme Court issued its decision in Facebook v. Duguid,1 district courts have wrestled with the language of one particular footnote that appears, at least on…
By Joseph C. Wylie II, Nicole C. Mueller, Jonathan R. Vaitl
Under the plain language of the Telephone Consumer Protection Act of 1991 (TCPA) and its regulations, only “residential telephone subscribers” have a right of action for violations…
By Joseph C. Wylie II, Molly K. McGinley, Jonathan R. Vaitl
While claims under the Telephone Consumer Protection Act have become more difficult for plaintiffs to assert successfully following the U.S. Supreme Court’s decision in Facebook v. Duguid,1…
By Joseph C. Wylie II, Molly K. McGinley, Nicole C. Mueller, Jonathan R. Vaitl
On 5 August 2021, Governor Andrew Cuomo continued a statewide disaster emergency due to gun violence that he first declared on 6 July…
By Molly K. McGinley, Joseph C. Wylie II, Sebastian Crisan (CI SA)
In May 2021, the Florida legislature passed Senate Bill 1120 (Florida Robocall Bill), which updates the state’s existing telemarking laws. The proposed changes parallel certain provisions…
By Andrew C. Glass, Gregory N. Blase, Joseph C. Wylie II, Molly K. McGinley, and Hollee M. Boudreau
On Tuesday, December 8, 2020, the United States Supreme Court heard oral argument on the question of what…
By Andrew C. Glass, Gregory N. Blase, Joseph C. Wylie II, Molly K. McGinley, and Hollee M. Boudreau
On Thursday, the United States Supreme Court agreed to review the question of what type of dialing equipment…
By Andrew C. Glass, Gregory N. Blase, Joseph C. Wylie II, Molly K. McGinley, and Hollee M. Boudreau
On Monday, the United States Supreme Court issued a decision upholding the broad prohibition against autodialed calls to…
