According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consumer Protection Act (TCPA), as well as complaints filed with the Consumer Financial Protection Bureau (CFPB) were all up compared to January 2025. Compared to December 2025, however, the results are mixed.
In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls that use artificial or pre-recorded voice messages. Instead, the court concluded that the TCPA requires only “prior express consent,” which may be provided orally or in writing.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consumer Protection Act (TCPA), as well as complaints filed with the Consumer Financial Protection Bureau (CFPB) all increased in 2025 compared to 2024. December 2025 filings also rose in every category except TCPA, which declined by only two cases.
On January 13, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Howard v. Republican National Committee (RNC) offering two important interpretations of the applicability of the Telephone Consumer Protection Act (TCPA) to certain text message communications:
On January 6, the Federal Communication Commission’s (FCC) Consumer and Governmental Affairs Bureau issued an order further extending the effective date of the Telephone Consumer Protection Act (TCPA) “revoke-all” requirement in 47 C.F.R. § 64.1200(a)(10) to January 31, 2027. That provision would require callers to treat a revocation of consent made in response to one type of informational call or text message as applying to all future calls and text messages from that caller on unrelated matters. The Bureau found good cause to continue the waiver while the FCC reviews comments filed in response to its 2025 Further Notice of Proposed Rulemaking, which specifically asks whether the revoke-all rule should be modified or replaced to give consumers more tailored control over unwanted calls. The FCC also noted that requiring companies to implement costly, enterprise-wide changes now could result in unnecessary compliance expenditures if the rule is later revised.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consumer Protection Act (TCPA), and complaints filed with the Consumer Financial Protection Bureau (CFPB) were all down for the month. Everything is up YTD except TCPA filings, and those are only nominally down.
According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) rose by double digits while litigation under Telephone Consumer Protection Act (TCPA) trended down. Complaints filed with the Consumer Financial Protection Bureau (CFPB) were also down. Yet, everything is up YTD and looks like it will end that way.
Effective September 1, 2025, SB 140 significantly expanded Texas’ telephone solicitation statute. SB 140 expressly covers text messages and similar electronic communications and introduced a direct private right of action under the Texas Deceptive Trade Practices Act (DTPA), with exposure to treble damages, mental‑anguish damages, and attorney’s fees. Recently, a case in the Western District of Texas brought by Ecommerce Marketers Alliance (d/b/a Ecommerce Innovation Alliance), Flux Footwear, and Stodge (d/b/a Postscript) against the State of Texas ended with a joint motion to dismiss after the Texas Attorney General clarified that companies who engage in consent‑based text message programs are not subject to the state’s registration and disclosure requirements. Still, SB 140’s new DTPA cause of action increases the cost of missteps and companies should document affirmative consent.
According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA) rose by double digits while litigation under the Fair Credit Reporting Act (FCRA) trended slightly down. Complaints filed with the Consumer Financial Protection Bureau (CFPB) saw a modest increase.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and complaints filed with the Consumer Financial Protection Bureau (CFPB) were all down for the month of August. However, year over year, only FDCPA complaints have decreased, and not by much.