I’ll keep this brief: If you're a defendant in a TCPA class action and the judge requires a joint proposed scheduling order, your counsel should always request bifurcated (or phased) discovery.

After the Supreme Court narrowed the definition of an “automatic telephone dialing system” (ATDS) in the 2021 Facebook v. Duguid case, plaintiffs’ attorneys have shifted their approach. They now focus on certifying classes of individuals who claim to have received marketing calls or texts while their numbers were listed on the federal "do-not-call" registry under 47 U.S.C. § 227(c).

What happens when a shopper says they don’t want marketing texts—but then enters their phone number at checkout anyway?

In Thompson v. Vintage Stock, Inc., 2025 U.S. Dist. LEXIS 18712 (Feb. 3, 2025), the United States District Court for the Eastern District of Missouri ruled in favor of the retailer, highlighting the importance of digital consent.

It might seem tempting to think that complying with state privacy laws is as easy as Googling a template privacy policy, swapping in your company name, and calling it a day. But here’s the thing—many state privacy laws don’t apply to all companies. Whether they do depends on factors like your company’s annual revenue, how much personal data you buy, sell, or share, and how much of your revenue comes from selling or sharing that data. Some states also have exemptions for certain nonprofits and specific types of data, i.e., employment records.

As TCPA class actions continue to be filed at a steady pace, there’s been a noticeable uptick in cases where defendants are suing their third-party marketing partners or sub-vendors over indemnification issues. This is a good reminder that you need to pay close attention to the indemnification language in every contract. A small mistake could lead to huge liabilities, especially if your contract includes overly broad language like “any and all claims.”

While there’s no federal requirement for telemarketing registration, most states do require businesses to register if they’re making telemarketing calls. Although consumers typically don’t have the right to sue over violations, some states take telemarketing rules seriously, and failing to comply could result in fines.

As artificial intelligence (AI) becomes more integrated into our lives, from smart assistants to recruitment tools, new laws are emerging to ensure these technologies are used responsibly. In 2024, three states—California, Colorado, and Utah—took major steps to regulate AI.