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Supreme Court of the United States › Robocalling › Debt Collection

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Troutman Amin LLP

GAME CHANGER: After McLaughlin, Can Businesses Continue to Rely on the Rule that they have Express Consent Anytime a Consumer...

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Happy Monday everyone! The Baroness here. Lets talk about something important. If you haven’t read the U.S. Supreme Court’s recent opinion in McLaughlin Chriopractric v. McKesson, you may want to do so now. It’s a very very...more

Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

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Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more

Bradley Arant Boult Cummings LLP

Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

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The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that...more

Faegre Drinker Biddle & Reath LLP

District Court Departs from Supreme Court Plurality to Find Government-Debt Collector Retroactively Liable Under TCPA — But...

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For nearly five years, the TCPA explicitly excluded from liability calls made to collect government-backed debt. Naturally, government debt collectors relied on this exception and called debtors without fear of TCPA...more

Goodwin

CFPB Proposes Mortgage Servicing Changes; Supreme Court Weighs in on TCPA

Goodwin on

In This Issue. The Consumer Financial Protection Bureau (CFPB) continued to be active under its new leadership this week, warning mortgage servicers to prepare now for an anticipated surge of homeowners needing assistance...more

Faegre Drinker Biddle & Reath LLP

Another District Court Joins Creasy Split

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Recently, the Eastern District of Missouri added to the split among courts deciding whether they can hear TCPA claims alleging robocall violations that occurred when the now-invalidated government debt exception was part of...more

Faegre Drinker Biddle & Reath LLP

Two More District Courts Disagree with Creasy

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Confusion continues amongst federal district courts in the wake of Barr v. American Association of Political Consultants, Inc. (“AAPC”), 140 S. Ct. 2335 (2020), the Supreme Court decision that held the TCPA’s government-debt...more

Faegre Drinker Biddle & Reath LLP

Eastern District of California Adds to Creasy Split

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As we have reported... a growing number of district courts are issuing opinions addressing whether they have subject matter jurisdiction over TCPA claims alleging robocall violations that occurred when the government debt...more

Eversheds Sutherland (US) LLP

Dialing In: TCPA Top 5 Issues for 2021

Eversheds Sutherland (US) LLP on

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

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The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

Fox Rothschild LLP

Supreme Court May Limit Reach Of Robocall Law In Facebook Case

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For the second time this year, the U.S. Supreme Court is wading into the jurisprudential morass presented by the Telephone Consumer Protection Act of 1991 with a case that could determine whether the TCPA will continue to be...more

King & Spalding

Supreme Court Strikes Down TCPA Exception—While Keeping the Remainder of the Act Intact—and Will Soon Address “Autodialer”...

King & Spalding on

On July 6, the Supreme Court issued a long-awaited decision in Barr v. American Association of Political Consultants addressing whether a provision of the Telephone Consumer Protection Act (“TCPA”)—which generally prohibits...more

Sheppard Mullin Richter & Hampton LLP

TCPA’s 2015 Government-Debt Collection Exception Struck Down- Now What?

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The Supreme Court’s recent decision in Barr v. American Association of Political Consultants held the government-debt exception of the TCPA unconstitutional under the First Amendment’s Free Speech Clause. This means that...more

Foley & Lardner LLP

Supreme Court TCPA News: Government Debt Collectors Beware and Autodialers Under Review

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The Supreme Court is showing interest in the Telephone Consumer Protection Act (TCPA), which is designed to control certain unwanted calls, and which over the last decade has been a favored tool of the plaintiffs’ bar to...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Is Positioning to Take On TCPA

Orrick, Herrington & Sutcliffe LLP on

On July 6, 2020, the United States Supreme Court issued its ruling in Barr v. American Ass’n of Political Consultants, a case in which the plaintiffs challenged a government-debt collection exception to the Telephone Consumer...more

Jackson Lewis P.C.

Supreme Court Weighs In On TCPA Constitutionality

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In a much-anticipated Supreme Court decision, Barr v. American Association of Political Consultants, sure to impact the future of the Telephone Consumer Protection Act (“TCPA”), the Court addressed the issue of whether the...more

Payne & Fears

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon

Payne & Fears on

Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded...more

Kilpatrick

TCPA Class Actions - Supreme Court Severs Government Debt Collection Exception

Kilpatrick on

Takeaway: In Barr v. American Association of Political Consultants, Inc, No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020), the Supreme Court invalidated the exception for calls made for the purpose of collecting government...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 28

McGlinchey Stafford on

Barr v. American Association of Political Consultants, Inc., Case No. 19–631 (2020). The federal government cannot exempt itself from the anti-robocall provisions of the Telephone Consumer Protection Act of 1991, 47 U. S. C....more

Cooley LLP

Alert: Supreme Court Preserves Limits on Autodialed Calls to Cell Phones, Overturns Government Debt Collection Exception

Cooley LLP on

In a widely anticipated decision in Barr v. American Association of Political Consultants, the US Supreme Court determined that an exception to the Telephone Consumer Protection Act (TCPA) that allowed robocalls to mobile...more

Cozen O'Connor

What High Court Ruling Means For TCPA's Future

Cozen O'Connor on

On July 6, the U.S. Supreme Court issued its ruling in Barr v. American Association of Political Consultants Inc. The court declined to invalidate the Telephone Consumer Protection Act's automated calls to cellphones...more

Hogan Lovells

U.S. Supreme Court Finds TCPA’s Federal-Debts Exemption Unconstitutional; Leaves Rest of TCPA Intact

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On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection...more

Seyfarth Shaw LLP

The U.S. Supreme Court Broadens The TCPA Class Action Trap For Unwary Businesses

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Seyfarth Synopsis: While many businesses hoped that the U.S. Supreme Court would blow up the ban on autodialed calls in the Telephone Consumer Protection Act (“TCPA”), on July 6, 2020, the nation’s highest court issued its...more

Seyfarth Shaw LLP

A Fractured Supreme Court Strikes Down and Severs the TCPA’s Government Debt Exemption, Leaving the Rest of the Statute Intact

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This week, a divided Supreme Court issued a plurality opinion in Barr v. American Association of Political Consultants, Inc. (“Political Consultants”) striking down and severing a 2015 amendment to the TCPA, which exempts...more

Ballard Spahr LLP

SCOTUS Rules TCPA Exception For Automated Calls To Collect Government Debts Violates First Amendment But Leaves TCPA’s General...

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On July 6, the U.S. Supreme Court ruled in Barr v. American Association of Political Consultants that the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts...more

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