In Mitchell v. Dallas, 2025 U.S. Dist. LEXIS 212107 (N.D. Tex. Oct. 28, 2025), a Texas federal court refused to certify a Telephone Consumer Protection Act (TCPA) class against Toyota of Dallas, and it all came down to consent.

Picture this: you run an online store. You add the Meta Pixel to track conversions and improve ads. It’s standard practice, until a demand letter arrives accusing you of “wiretapping” your own customers under a 1967 California privacy law.

In Schmitendorf v. Juicy’s Vapor Lounge, Inc., 2025 U.S. Dist. LEXIS 208110 (D. Kan. Oct. 21, 2025), the court reminded everyone involved in TCPA class actions that sometimes a single word—“residential”—can determine the fate of the entire case.

It’s a question we’ve been discussing with clients for months, and now it’s starting to look real: Is Washington’s Commercial Electronic Mail Act (CEMA) becoming the next major class-action trend for plaintiffs’ attorneys?

I’m excited to share that William (Liam) Heusel has joined Bubeck Law as our new Associate Attorney. Over the past year, our client base and projects have continued to grow, and I’m deeply grateful for the trust that growth represents. It also made it clear that it was time to expand our team.

In a striking bit of self-reflection, the FCC’s latest draft order includes two blunt sections: “Eliminating Outdated Rules” and “More Recent Rules That Might Harm Consumers.” Together, they signal a long overdue housecleaning of the TCPA, parts of which date back to the 1990s.

Open Enrollment runs from October 15 to December 7, and with it comes the annual flood of Medicare marketing. But here’s the catch: even though the FCC’s “one-to-one” consent rule was vacated this summer, the Centers for Medicare & Medicaid Services (CMS) version is still very much alive.

The Federal Trade Commission (FTC) just announced a record-breaking $2.5 billion settlement with Amazon that requires the company to change its practices by paying $1 billion in civil penalties, refunding $1.5 billion to consumers, and ending deceptive enrollment and cancellation practices for Prime.

TCPA compliance is under intense scrutiny in 2025, with the FTC and state regulators cracking down on lead generation practices and consent management. Join our webinar with Contact Center Compliance and Tammy Glover Fowler to learn practical strategies to stay compliant and protect your business.

Maryland just added another square to the patchwork quilt of state laws with the Maryland Online Data Privacy Act (MODPA), which takes effect October 1, 2025. If you sell to Marylanders, advertise there, or have users signing up from Maryland, this law just landed on your compliance roadmap.

Three states just sent a clear message to businesses: honor consumer privacy rights or expect an investigation. On September 9, California, Colorado, and Connecticut announced a coordinated privacy sweep targeting companies that are ignoring requests to stop selling or sharing personal data.

The Federal Trade Commission (FTC) just announced new fees for telemarketers accessing the National Do Not Call (DNC) Registry. The updated fees, which take effect October 1, 2025, are going up slightly. But here is the bigger point: not every business is actually required to purchase access to these lists in the first place.

While Texas is making headlines, the reality is that many other states also require businesses to register before making telemarketing calls. There is no federal registration requirement, but state rules fill that gap and ignoring them can mean fines, investigations, or worse.

Two courts. One message. Post-McLaughlin, some judges are making it clear: text messages are not “telephone calls” under the TCPA. In Davis v. CVS Pharmacy, Inc., No. 4:24-cv-477-AW-MAF, 2025 U.S. Dist. LEXIS 167366 (N.D. Fla. Aug. 26, 2025), the plaintiff claimed CVS Pharmacy sent him two unsolicited texts while his number was on the National Do Not Call Registry. But he didn’t allege a single call.

While Texas already prohibits the use of an “automated dial announcing device” (ADAD) to make a sales call without consent, starting September 1, SB 140 expands its telemarketing rules, creating a new private right of action under the Deceptive Trade Practices Act (DTPA), broadening definitions, and increasing penalties for violations.

With Hurricane Erin making landfall on the East Coast today, many businesses are scrambling to adjust operations. One area that often gets overlooked during natural disasters is telemarketing compliance. In some states, it’s actually illegal to make certain sales calls during a declared state of emergency.

If you’re like most people, your cell phone is glued to your side 24/7. But does the TCPA’s protection for “residential telephone subscribers” apply to cell phones? Before the Supreme Court’s recent decision in McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., 606 U.S. 146 (2025), the answer was clear. Now, courts are being forced to take another look.

The Federal Trade Commission has made it clear:

“A priority at the FTC is coherently and systematically addressing unlawful lead generation. Businesses should know the FTC will take action when lead generators break the law, engage in unlawful deception, and harm the American people.”

Senators Ruben Gallego (D-AZ) and Jim Justice (R-WV) introduced the Keep Call Centers in America Act, a bipartisan bill designed to discourage companies from sending customer service jobs overseas. If your business operates a call center or contracts with third parties to handle customer support, this bill may soon affect your eligibility for federal funds, contracts, and more.

You walk into a coffee shop, give your phone number to get a free drink, and shortly after, your phone buzzes with a welcome text and a hyperlink to some terms. Weeks later, you file a lawsuit under the TCPA, only to be told your claims must go to arbitration.