In the wild new world of TCPA litigation following the end of binding deference to the Federal Communications Commission (FCC), one of the more salient questions is whether the Do-Not-Call (DNC) Registry’s protections extend to the sending of text messages. Florida finds itself at ground zero for this debate after three different federal district courts
On September 8, 2025, the Office of the Comptroller of the Currency (OCC) released Bulletin 2025-22, announcing that the OCC will assess an entity’s debanking practices when considering licensing filings and applications and during Community Reinvestment Act (CRA) assessments. National banks and federal savings associations are now on notice that prior allegations of politicized
Late last year, we predicted that the Trump administration would bring federal action to target de-banking, and on August 7, 2025, President Trump signed a much-anticipated executive order to address the issue. Banks and credit unions should now expect to feel the impact early on in the form of horizontal reviews and inquiries from their
The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in our rundown of the decision, by holding that courts are no longer required to defer to FCC interpretations of the TCPA, McLaughlin invites
On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons decades of established practice that bound district courts to follow the Federal Communications Commission (FCC) interpretations of the TCPA.
TCPA litigation has already been
After years of denying review, the New York Court of Appeals — the state’s highest court — agreed to address the question of whether New York’s momentous Foreclosure Abuse Prevention Act (FAPA) applies retroactively. On May 20, 2025, the New York Court of Appeals accepted review of two (2) cases that present challenges to Section
Starting July 1, 2025, Idaho will subject financial institutions with total assets over a certain threshold to new restrictions under the Transparency in Financial Services Act. The law follows a growing trend among states seeking to ensure fair access to banking and prevent financial denials based on political, religious, or ideological factors — often known
Last year, the FCC adopted new rules under the Telephone Consumer Protection Act (TCPA) designed to expand consumers’ rights to revoke consent to receive robocalls and text messages. As we noted in a prior post, these changes were set to take effect on April 11, 2025, and would require businesses to treat any valid
The Federal Communications Commission (FCC) has a new rule under the TCPA for revocation of consent for robocalls and text messages set to go into effect on April 11, 2025. This rule is designed to give consumers greater control over their ability to withdraw consent for marketing communications. Businesses that use text messaging and
The start of the second Trump administration is fast approaching, and it raises prospects of a renewed push for federal-level fair access to banking requirements. The first Trump administration came close to enacting such a regulation in its last weeks, but the rule was halted by the Biden administration. The financial services industry should not