Beyond the Fifth Circuit: New Ruling Deepens the Legal Divide on TCPA Written Consent Requirement
March 26, 2026
A Maryland federal ruling reinforces growing uncertainty around “written consent” requirements under the TCPA. Just days after the U.S. Court of Appeals for the Fifth Circuit raised questions about whether prior express consent under the Telephone Consumer Protection Act (TCPA) must be in writing, another court has reached a similar conclusion—this time in a different jurisdiction. In Bradley v. DentalPlans.com, a federal judge in Maryland held that the TCPA does not explicitly require written consent for certain telemarketing communications. …
READ FULL POST
CPPA Enforcement Sends a Clear Message: Friction in Privacy Opt-Outs Can Trigger Huge Fines
March 13, 2026
California is continuing to raise the bar on privacy compliance and their privacy regulators are making one thing clear: offering consumers the ability to opt out of data collection or sharing is not enough — those rights must be easy to exercise. In recent enforcement actions, the California Privacy Protection Agency (CPPA) fined companies including Ford Motor Company Disney and PlayOn Sports for privacy violations tied to how consumer rights were implemented. …
READ FULL POST
Appeals Court Rules Arbitration Applies to TCPA Marketing Texts — Even Years After a Customer Contract Ends
March 12, 2026
On March 5th, the U.S. Court of Appeals for the Eighth Circuit ruled in Kristi VonDeylen v. Aptive Environmental, LLC that claims brought under the Telephone Consumer Protection Act (TCPA) must be resolved through arbitration when they relate to a contractual relationship between a consumer and a business — even if the messages at issue were sent years after the original services ended.…
READ FULL POST
Fifth Circuit TCPA Decision Raises Questions About Written Consent — But Businesses Should Proceed Carefully
March 5, 2026
A recent decision from the U.S. Court of Appeals for the Fifth Circuit has sparked discussion in the marketing and compliance community. In Bradford v. Sovereign Pest Control, LLC, the court addressed whether the Telephone Consumer Protection Act (TCPA) itself requires “prior express written consent” for certain telemarketing calls and texts. The Fifth Circuit concluded that the statute requires “prior express consent,” but does NOT explicitly require that the consent be in writing. …
READ FULL POST
California’s DROP Tool Is Now Live and It Changes the Data Landscape
February 23, 2026
California has launched a first-in-the-nation centralized data deletion privacy tool called the Delete Request and Opt-Out Platform(DROP). Developed by the California Privacy Protection Agency (CPPA), it is an online platform that allows Californians to submit a single request directing registered data brokers to delete their personal information and stop selling it. Starting August 1, 2026, data brokers must delete users data within 90 days of request.…
READ FULL POST
California’s SB 923: What Expanded Data Deletion Rights Could Mean for Ecommerce
February 3, 2026
California Senator Josh Becker has introduced Senate Bill 923 (SB 923), the Expanding Privacy Rights Act - a proposed update to the state’s privacy framework that would expand consumers’ data deletion rights and add new requirements for how privacy requests by consumers are submitted. While SB 923 is not yet law, it has already attracted attention because it is sponsored by the California Privacy Protection Agency (CPPA) and could receive serious consideration as the legislative process moves forward.…
READ FULL POSTPost categories
- Industry News (6)
- Legal Update (26)
- Legislative Update (88)
- Organization News (5)
- Regulatory Update (68)
REcent Posts
Popular Tags
Ecommerce Innovation Alliance (130) EIA (129) FCC (72) FCC petition (19) Federal Communications Commission (55) Frivolous Lawsuits (20) illegal calls (19) mini-TCPA (26) Notice of Proposed Rulemaking (18) quiet hours (29) robocalls (29) scam phone calls (23) shakedown litigation (27) SMS (37) sms marketing (61) spam calls (29) spam phone calls (20) tariffs (18) TCPA (70) TCPA lawsuits (21) Telephone Consumer Protection Act (54) text messages (41) text messaging (33) text messaging laws (23) tracking technologies (20)