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. …
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EIA Updates the FCC: Quiet Hours Litigation Crisis Reaches One-Year Mark
November 25, 2025
On November 20, 2025, the EIA made a filing with the Federal Communications Commission (FCC) to deliver updated data and an urgent message: the wave of frivolous “quiet hours” lawsuits targeting legitimate ecommerce businesses has reached a crisis point, and immediate Commission action is essential.…
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A New Era for Caller ID and Consent: Unpacking the FCC’s Landmark TCPA and Robocall Rulemaking
October 29, 2025
In a move poised to fundamentally reshape the landscape of voice communications in the United States, the FCC on October 28th, unanimously voted to adopt a sweeping Further Notice of Proposed Rulemaking (FNPRM). Titled "Improving Verification and Presentation of Caller Identification Information," this FNPRM represents a multifaceted regulatory initiative, targeting the twin pillars of consumer trust and business compliance. It also proposes changes that will help to curb some of the abusive litigation under the TCPA that has cropped up in recent years.…
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Unanimous Committee Vote Propels Strengthened Foreign Robocall Elimination Act to Senate Floor
October 23, 2025
In a rare but powerful display of bipartisan consensus, the Senate Committee on Commerce, Science, and Transportation on October 21, 2025, unanimously voted to advance the Foreign Robocall Elimination Act (S. 2666). This decisive action, which followed a thorough markup session, clears the amended legislation for consideration by the full Senate, marking a critical milestone in the ongoing federal effort to combat the persistent scourge of illegal robocalls. The bill's advancement is particularly noteworthy as it represents the first piece of legislation specifically targeting robocalls to be approved by this influential committee since 2020.…
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FCC to Consider Eliminating Key TCPA Rules at October 28 Meeting
October 21, 2025
At its open meeting on October 28, the Federal Communications Commission (FCC) is scheduled to consider a draft Notice of Proposed Rulemaking (NPRM) that could significantly alter the regulatory landscape for business communications. A central component of the NPRM is a proposal to "simplify, streamline, or eliminate" several long-standing rules related to the Telephone Consumer Protection Act (TCPA) and the Do-Not-Call Implementation Act.…
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Common Sense Compliance: Why EIA is Fighting to Fix the FCC’s Consent Revocation Rules
David Carter
January 5, 2026
Today, the EIA filed critical comments with the Federal Communications Commission (FCC) in response to the Ninth Further Notice of Proposed Rulemaking. As part of the Commission's ambitious "Delete, Delete, Delete" initiative—which seeks to excise obsolete and harmful regulations—we are seizing this opportunity to advocate for a modernization of the Telephone Consumer Protection Act (TCPA).…
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