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FCC Delays One-to-One Consent Rule, Plus Other Key TCPA Updates to Know

Published on Jan 27, 2025

The Federal Communications Commission (“FCC”) recently gave businesses some breathing room by announcing a delay in the one-to-one consent rule. Originally set to take effect on January 27, 2025, this rule would have significantly impacted how companies obtain consent before making calls or sending text messages under the Telephone Consumer Protection Act (“TCPA”). However, the FCC’s decision to postpone it for at least another year means companies have a little extra time to adjust. While this provides some relief, companies should stay alert to other upcoming changes to the TCPA, including a new rule on revocation of consent that will take effect in April 2025. The U.S. Supreme Court is also set to weigh in on whether district courts must defer to the FCC’s interpretation of the TCPA, which could further impact how businesses approach compliance in the future. With all these moving parts, it’s a good time for businesses to review their TCPA strategies and ensure they are prepared for whatever comes next.
Texas Attorney General Files Lawsuit Against Allstate and Arity Over Unlawful Collection and Sale of Driving Data

Published on Jan 25, 2025

In a bold move to protect consumer privacy, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate and its subsidiary, Arity, accusing the companies of illegally collecting, using, and selling the driving data of millions of Americans without their consent. The lawsuit alleges that the companies secretly tracked the locations and movements of over 45 million individuals across the country, including a significant number of Texans, through embedded software in mobile apps such as Life360. According to the complaint, Allstate and Arity paid mobile app developers to integrate their tracking software into apps that millions of consumers use daily. By doing so, they were able to gather massive amounts of location data, amassing trillions of miles of driving information. The companies then used this data to fuel a controversial business model where driving behavior was linked to insurance premiums. When consumers sought insurance quotes or renewed their policies, Allstate and other insurers would use the collected data to justify raising premiums based on an individual’s driving habits or location.
FTC Announced Proposed New Rules to MLM’s and Money-Making Opportunities

Published on Jan 15, 2025

On January 13, 2025, the Federal Trade Commission (“FTC”) introduced some proposed rule changes that could make a big difference for people involved in multi-level marketing (“MLM”) programs or similar business opportunities. The FTC said the new rules are designed to tackle misleading earnings claims—something that’s been a major problem in these industries, where people often get roped into paying big sums of money based on false promises of huge returns. If you’re in an MLM or a related business, this could mean some big changes for how you operate. While misleading earnings claims have always been illegal, these proposed updates are aimed at giving the FTC more power to enforce those rules. This could include fines for businesses that don’t play by the new rules, and potentially even giving consumers a way to get some of their money back if they’ve been misled. Sam Levine, who runs the Bureau of Consumer Protection at the FTC, said these updates are needed because it’s all too easy for people to get tricked into spending thousands of dollars on promises of big rewards that never come.
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