FCC requests comments on after hours texts
On March 11, 2025, the Federal Communications Commission (“FCC”) requested comments on whether the Telephone Consumer Protection Act (“TCPA”) curfew applies to texts sent after hours to consumers who expressly consented to receiving those texts. The notice can be reviewed here: DA-25-216A1.pdf, and comments are due before April 10, 2025. You can review filed comments […]
Exemption for charities to Oregon privacy law to expire July 1, 2025
Oregon has a comprehensive privacy law requiring notice and giving consumers opt out and other rights. It currently exempts charities recognized under 501(c)(3) of the Internal Revenue Code, but that exemption will expire July 1, 2025, unless the Oregon legislature extends the exemption. The law still only applies if your organization holds data of more […]
Federal Communications Commission open comment period
On March 11, 2025, the Federal Communications Commission (“FCC”) requested comments on whether the Telephone Consumer Protection Act (“TCPA”) curfew applies to texts sent after hours to consumers who expressly consented to receiving those texts. The notice can be reviewed here: DA-25-216A1.pdf, and comments are due before April 10, 2025. You can review filed comments […]
FCC updates “internal” do-not-call list time period
In January 2024, the Federal Communications Commission (“FCC”) released a notice of proposed rulemaking (“NPRM”) regarding changes to consumers’ ability to revoke consent for further texts or calls under the Telephone Consumer Protection Act (“TCPA”). The FCC has finally set the date of enforcement for these new requirements: April 11, 2025. The full order is […]
Plaintiffs at it Again with Silly Opt-Out Language
A court has ordered arbitration in a case brought by a plaintiff who replied “S T O P” with spaces between each letter instead of “STOP” with no spaces, purportedly to opt out of text messages from the defendant. Johnson v. Whaleco, Inc., No. 5:23-cv-00403 (M.D. Fla. Sept. 27, 2023). The court ordered arbitration because […]