6/18/2026 9:45:00 PM FCC's KYUP FNPRM Signals a Further Shift Toward Prescriptive Robocall Compliance Obligations By Susan Duarte Jill Canfield Stephen Sharbaugh The FCC's latest robocall proposal marks a significant shift from flexible, principles-based expectations to a far more prescriptive...
3/31/2026 10:13:00 PM Maryland District Court Rejects FCC "Prior Express Written Consent" Requirement Under TCPA By Martin L. Stern Ryan Gillcrist In yet another setback for the Federal Communications Commission's ("FCC") prior express written consent requirement applicable to...
3/5/2026 7:38:00 PM Fifth Circuit Rejects Application of FCC's Prior Express Written Consent Requirement for Telemarketing Robocalls in TCPA Litigation By Martin L. Stern Michelle Catapang Ryan Gillcrist On February 26, 2026, in Bradford v. Sovereign Pest Control of TX, Inc., the Fifth Circuit held that the TCPA permits either written or...
1/29/2025 9:07:00 PM Loper Blight: 11th Circuit Vacates FCC Lead Generator "One-to-One" and "Logically/Topically Related" Consent Provisions By Martin L. Stern Stephen Sharbaugh In yet a third setback for the FCC since the Supreme Court's Loper Bright opinion eliminating Chevron deference, the 11th Circuit last...
6/28/2024 6:23:00 PM Fax Offering Free Webinar Found Sufficient to be "Unsolicited Advertisement" for Motion to Dismiss By Jason Walters The Fourth Circuit Court of Appeals, in a split decision, gave further insight into what "unsolicited advertisement" means under the...
5/16/2024 4:11:00 PM Second Circuit Finds Text Messages Selected and Sent From a List Using Alleged "SMS Blaster" Not Subject to TCPA Autodialer Prohibition By Martin L. Stern Tomio Narita Jeff Topor An audio summary of this article is available in the player below. Scroll to keep reading. Listen and subscribe to Womble Perspectives...
2/14/2024 6:51:00 PM FCC Adopts Declaratory Ruling Confirming AI Voice Calls Subject to TCPA Takes Enforcement Action Against Provider Allegedly Originating AI Calls Cloning President's Voice By Martin L. Stern An audio summary of this article is available in the player below. Scroll to keep reading. Listen and subscribe to Womble Perspectives...
1/3/2024 5:26:00 PM FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and "Red Flag" Text Blocking Rules, and Seeks Comment on Additional Texting Measures By Stephen Sharbaugh Martin L. Stern Meg Corry On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order,...
11/27/2023 3:10:00 PM FCC Opens Inquiry Into AI's Evolving Use in Robocalls and Robotexts, and Potential Consumer Impacts By Martin L. Stern Stephen Sharbaugh An audio summary of this article is available in the player below. Scroll to keep reading. Listen and subscribe to Womble Perspectives...
11/9/2023 2:57:00 PM MMS Text Messages That Include Links to Audio Are Not "Prerecorded Voice" Subject to TCPA Wireless Prohibition When a "Conscious Choice" is Needed to Access Audio Content By Martin L. Stern Sarah Kim Following the recent Ninth Circuit decision in Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), see...
8/10/2023 9:20:00 PM Text Messages With No Audible Components are Not "Prerecorded Voices" Under the TCPA By Tomio Narita Meg Corry A recent decision of the Ninth Circuit Court of Appeals, Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8,...
8/4/2023 7:10:00 PM Consent Provided by Employee in Phone Call Bars Company TCPA Complaint Against Fax Sender - In Certain Circumstances By Meg Corry In Boone's Pharmacy, Inc. v. Ezrirx, LLC,1 the U.S. District Court for the Southern District Alabama dismissed the plaintiff's TCPA...
5/30/2023 8:41:00 PM Class Action Settlement Preliminarily Approved for "Wrong Number" Calls Suggests Wisdom of Scrubbing for Validity of Called Numbers By Martin L. Stern Meg Corry Ever wonder why you may be advised to scrub lists for reassigned numbers or use the FCC's Reassigned Number Database prior to texting or...
3/4/2022 2:55:00 PM Plaintiff's Do-Not-Call Claim Survives Dismissal After Alleging Cell Phone was Used for Residential Purposes By Womble Bond Dickinson A federal district court in Texas recently denied a Defendant's motion to dismiss a TCPA complaint, finding that regulations regarding...
12/15/2021 8:58:00 PM Fourth Circuit Agrees that Navient's Records Established TCPA Plaintiff Had Not Revoked Consent By Womble Bond Dickinson It is well established that TCPA plaintiffs have a right to revoke their consent and are often given a fair amount of latitude in...
9/9/2021 7:04:00 PM Litigation Under Florida's Mini TCPA Begins to Heat Up By Womble Bond Dickinson Since going into effect on July 1, 2021, the plaintiffs' bar has wasted no time in seeking to test the limits of Florida's mini-TCPA. In...