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.

With primaries heating up and the fall general election just around the corner, your phone is likely lighting up with political texts—requests for donations, reminders to vote, or messages promoting a particular candidate. While some people may find these messages informative, many consider them annoying. But are they actually illegal?

A federal court has ruled that the National Do Not Call Registry does not apply to texts. In Jones v. Blackstone Medical Services, LLC, No. 1:24-cv-01074-JEH-RLH, 2025 U.S. Dist. LEXIS 138371 (C.D. Ill. July 21, 2025), the court held that the “do-not-call” provision of the Telephone Consumer Protection Act (TCPA) applies only to phone calls and not texts.

A new court ruling says you can be sued just for leaving your company name out of a text. Yes, really. In Newell v. JR Capital LLC, No. 25-1419 (E.D. Pa. July 16, 2025), a judge held that a consumer could sue under the TCPA because the company sent five marketing texts that didn’t include its name.

If you want to avoid a TCPA class action, start with two simple rules. First, hire a lawyer who focuses on TCPA and telemarketing compliance from the start. Second, don’t use a prerecorded voice. That choice puts the burden on you to prove prior express written consent for marketing calls, a standard many companies can’t meet cleanly. If you’re using prerecorded messages without airtight documentation, you’re making yourself a target.

Texas has officially joined the wave of states trying to wrangle artificial intelligence. On June 22, 2025, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) was signed into law and takes effect January 1, 2026. It’s a big step toward regulating how AI is developed and used in Texas, especially by government agencies.

You may be out of the office, but regulators aren't taking time off. July brings key compliance deadlines every business should be tracking. Tennessee’s privacy law took effect July 1, giving consumers data rights. Minnesota’s privacy law follows on July 31.

On July 1, Bonta announced a $1.55 million settlement with Healthline Media, one of the world’s top health websites, over allegations it shared sensitive user data without proper consent. The site reportedly used tracking tools to pass along information, including content suggesting medical conditions, while ignoring consumer opt-out rights.

On June 20, 2025, the Court ruled in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. that district courts are not bound by the Federal Communications Commission’s (FCC) interpretation of the TCPA. Instead, judges must interpret the TCPA for themselves, using ordinary legal analysis, while giving “appropriate respect” to the agency’s view.

What happens when artificial intelligence becomes powerful enough to cause real-world disasters? New York isn’t waiting to find out. On June 15, 2025, the state passed the Responsible AI Safety and Education (RAISE) Act, making it the first in the nation to impose legal obligations on developers of high-risk AI.

If you've ever replied “STOP” to a marketing text, you probably expected the messages to end immediately. But what happens if a few more slip through? Is that a class action waiting to happen?

On June 5, 2025, the Supreme Court quietly walked away from one of the most anticipated class action cases of the year. It declined to answer a deceptively simple, but incredibly important question: Can a class action for damages under Federal Rule of Civil Procedure 23 include people who weren’t actually injured?

The housing market is buzzing, and agents are racing to get listings any way they can. But even with off-market deals and cash offers flying around, real estate pros need to be careful. A recent ruling out of Arizona shows that not every outreach effort runs afoul of the Telephone Consumer Protection Act (TCPA).

Florida has long worn the crown when it comes to state-level telemarketing litigation, thanks in large part to the Florida Telephone Solicitation Act (FTSA) and its generous private right of action. But now, eyes are turning west. With Texas SB 140 on Governor Abbott’s desk and a September 1, 2025 effective date looming, we may be witnessing the early stages of Texas becoming the next major battleground for TCPA-plus lawsuits.