On October 1, 2026, the FCC released its Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) on consent revocation under the Telephone Consumer Protection Act (TCPA). The FCC circulated a draft of the R&O and FNPRM last month, which we summarized here.
Continue Reading Update: FCC Adopts Final Order and Further Notice on TCPA Consent RevocationTCPA
FCC Releases Draft Rules and Proposals on TCPA Consent Revocation
By Yaron Dori & Rosie Moss on
On September 9, 2026, the FCC released a draft Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) titled “Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.” The draft has been circulated for consideration by the FCC at its September 30, 2026 open meeting.
The draft R&O and FNPRM address a range of consent revocation issues under the TCPA that have been pending before the agency since the last time the FCC promulgated rules in this area in 2024. If adopted, the R&O will narrow the scope of consent revocations in the context of informational calls and texts.
Continue Reading FCC Releases Draft Rules and Proposals on TCPA Consent RevocationFifth Circuit Effectively Nullifies FCC “Prior Express Written Consent” Requirement, But Reach of Decision is Limited
By Yaron Dori & Rosie Moss on
On February 25, 2026, the U.S. Court of Appeals for the Fifth Circuit, in Bradford v. Sovereign Pest Control of TX, Inc., upheld a district court summary judgment decision that effectively nullified the FCC’s “prior express written consent” requirement for autodialed or prerecorded marketing calls to mobile numbers. The Fifth Circuit found that this…
Continue Reading Fifth Circuit Effectively Nullifies FCC “Prior Express Written Consent” Requirement, But Reach of Decision is LimitedFCC Seeking Comment on Issues Related to Caller ID and TCPA Compliance
By Yaron Dori, Kiara Ortiz & Travis Cabbell on
Today, a Further Notice of Proposed Rulemaking (“FNPRM”) adopted by the Federal Communications Commission (“FCC”) at its open meeting on October 28, 2025, was published in the Federal Register, kicking off the comment cycle for the issues raised in that FNPRM. Comments on the FNPRM are due January 5, 2026, and reply comments are due…
Continue Reading FCC Seeking Comment on Issues Related to Caller ID and TCPA ComplianceFCC Proposes New Consent and Disclosure Rules for AI-Generated Calls and Texts
By Yaron Dori on
Updated September 12, 2024. Originally posted August 7, 2024.
On Wednesday, August 7, the Federal Communications Commission (FCC) approved a Notice of Proposed Rulemaking (NPRM) that would amend its rules under the Telephone Consumer Protection Act (TCPA) to incorporate new consent and disclosure requirements for the transmission of AI-generated calls and texts. The NPRM builds off the FCC’s recent Notice of Inquiry (NOI) on the effect of AI on illegal robocalls and texts, which we previously discussed here.
The NPRM seeks comment on new rules that would require a sender to clearly and conspicuously specify in its consent form that the consent extends to AI-generated calls and texts and secure the consumer’s consent for such calls and texts before they could be transmitted. The proposal also would require a sender of AI-generated content to, at the beginning of the call or text, clearly disclose to the called party that AI-generated technology is being used.
Continue Reading FCC Proposes New Consent and Disclosure Rules for AI-Generated Calls and TextsSecond Circuit: a Device that Dials from a Stored List Is Not an “ATDS” under the TCPA
By Yaron Dori on
Posted in TCPA, Telemarketing
On May 10, 2024, a divided Second Circuit panel held that a device that merely selects and dials numbers from a stored list does not constitute an “automatic telephone dialing systems” (ATDS) under the Telephone Consumer Protection Act (TCPA). The panel observed in Soliman v. Subway Franchisee Advertising Fund Trust Ltd. that its holding…
Continue Reading Second Circuit: a Device that Dials from a Stored List Is Not an “ATDS” under the TCPAMaine Enacts New Telemarketing Law Requiring Use of FCC Reassigned Numbers Database
By Yaron Dori on
Posted in Telemarketing
On March 25, 2024, Maine Governor Janet Mills signed into law LD 2234, which amends the state’s telephone solicitation statute to prohibit telephone solicitors from “fail[ing] to use the reassigned numbers database to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” The bill defines “reassigned numbers database” as the “database created and maintained by the Federal Communications Commission that identifies whether a telephone number has been reassigned.”
Continue Reading Maine Enacts New Telemarketing Law Requiring Use of FCC Reassigned Numbers DatabaseFTC Amends its Telemarketing Sales Rule; Proposes Additional Changes
By Yaron Dori & John Bowers on
Posted in Telecommunications, Telemarketing
On March 7, 2024, the Federal Trade Commission (“FTC”) announced amendments to its Telemarketing Sales Rule (“TSR”) to apply certain of its provisions to business-to-business telemarketing calls, and to broaden its recordkeeping requirements. The FTC also announced a notice of proposed rulemaking (“NPRM”) that would further extend the TSR to cover inbound telemarketing calls involving technical support services.
Continue Reading FTC Amends its Telemarketing Sales Rule; Proposes Additional ChangesFCC Adopts New TCPA Consent Revocation Rules
By Yaron Dori on
Updated October 14, 2024. Originally posted February 26, 2024.
On February 15, the Federal Communications Commission (“FCC”) adopted new consent revocation rules for robocalls and robotexts, which the FCC defined as calls made using an “automatic telephone dialing system” or an artificial or prerecorded voice. Under the Telephone Consumer Protection Act (“TCPA”) and the FCC’s implementing rules, callers and texters must obtain “prior express consent” or “prior express written consent,” depending on the call/text content, from consumers to send such communications absent an applicable exemption.
According to the Order, the new rules “clarify and strengthen consumers’ rights under the TCPA to grant and revoke consent to receive robocalls and robotexts.” Specifically, the adopted rules (1) “make clearer that revocation of consent can be made in any reasonable manner;” (2) “require that callers honor do-not-call and consent revocation requests as soon as practicable” and within 10 business days of receipt; and (3) “limit text senders to a one-time text message confirming a consumer’s request that no further text messages be sent.”
The effective date of the rules is April 11, 2025. We summarize these new requirements below.
Continue Reading FCC Adopts New TCPA Consent Revocation RulesFCC Confirms TCPA “Artificial or Prerecorded Voice” Restrictions Apply to AI Technologies that Generate Human Voices
By Yaron Dori & John Bowers on
On February 8, 2024, the Federal Communications Commission (FCC) released a declaratory ruling stating that Telephone Consumer Protection Act (TCPA) restrictions on making phone calls using an “artificial or prerecorded voice” “encompass current AI technologies that generate human voices.” Therefore, unless an exemption applies, telemarketing calls using an artificial or prerecorded voice simulated or generated…
Continue Reading FCC Confirms TCPA “Artificial or Prerecorded Voice” Restrictions Apply to AI Technologies that Generate Human Voices