Category Archives: TCPA

Proposed Changes to the Narrow Health Breach Notification Rule Would Create a Broad Consumer Health Data Privacy Rule

On May 18, 2023, the day after the Federal Trade Commission (FTC) announced only its second enforcement action under the Health Breach Notification Rule (HBNR) in 13 years, it released proposed changes to “strengthen and modernize” the rule.  Those proposed changes will substantially expand the scope of the HBNR.  Congress, however, never intended that the […]

US Supreme Court Finds First Amendment Problems with TCPA Exception

Today, the United States Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc. concluding that an exception to the Telephone Consumer Protection Act (TCPA) constitutes a content-based speech restriction and violates the First Amendment. But, instead of invalidating the entire statute, the Court only severed the offending provision.