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With both the Trump Administration and FCC Chairman Pai’s stewardship passing the 100 day mark recently, it’s time to take another look at potential changes in the Telephone Consumer Protection Act (TCPA) – the federal consumer privacy statute that regulates calling, texting and faxing. Plaintiffs’ litigation under the TCPA has been a cottage industry for class action lawyers in recent years, and the wave of TCPA cases does not appear likely to abate soon. Moreover, in 2015, the FCC stepped back into TCPA matters in a big way, adopting potentially far-reaching interpretations of the Act which have spawned two significant challenges before the United States Court of Appeals for the D.C. Circuit.  Against this backdrop, FCC Chairman Pai has made known both his dissent from the FCC’s recent actions and his desire for new, more effective measures to stamp out unwanted autodialed and robocalls.  At the same time, many are openly advocating legislative updates to the 25-year-old TCPA to bring it in line with today’s standards.

Kelley Drye keeps counsel informed on TCPA issues in a number of ways:

Webinar: TCPA Outlook for 2017

May 25, 2017 12:00 – 1:00 PM

Topics covered will include the status of the pending challenge to the FCC’s 2015 Declaratory Ruling, Chairman Pai’s robocall regulatory reforms, and trends in TCPA litigation in the courts.  We will discuss what to expect in TCPA issues for the remainder of the year and the possibility of legislative changes to the Act.

TCPA Tracker

Kelley Drye’s monthly newsletter produced as a collaborative effort between Kelley Drye’s Advertising/Privacy, Communications, Litigation,  and Insurance Recovery practices to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC.

Podcast: TCPA Update Spring 2017

This episode is the second in a series devoted to covering noteworthy developments relating to the Telephone Consumer Protection Act (TCPA). This series covers decisions from the FCC and federal courts, as well as any TCPA-related activity on Capitol Hill.


Alysa Z. Hutnik                 

Lauri A. Mazzuchetti