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Telephone Consumer Protection Act › Litigation Strategies › Appeals

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

CURIOUS: Second Circuit Issues Oddly-Worded Remand In LaBoom Disco ATDS Ruling Following Facebook– Does It Mean Anything?

Troutman Amin LLP on

Real quick one for the TCPA super nerds. You’ll recall way back in April 2020 the world was melting down. No, I’m not talking about COVID. I am talking about ATDS cases. Perhaps the high-water mark of TCPAWorld ATDS chaos...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

McGlinchey Stafford on

SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Davis Wright Tremaine LLP

Leveling—or Blowing Up—the Hobbs Act Playing Field?

Davis Wright Tremaine LLP on

The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — US Supreme Court Sends TCPA District Courts Back to Square One While Breathing New Life into...

Mintz - Technology, Communications & Media... on

In a new 6-3 opinion, the US Supreme Court has cast further doubt into TCPA litigation. The decade-old underlying case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., was filed after the defendant...more

Katten Muchin Rosenman LLP

SCOTUS Says District Courts Are Not Bound by FCC Orders Interpreting the TCPA

Katten Muchin Rosenman LLP on

On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA)....more

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

Faegre Drinker Biddle & Reath LLP on

The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

Faegre Drinker Biddle & Reath LLP

Fourth Circuit Broadens TCPA’s Reach Over ‘Unsolicited Advertisements’

Faegre Drinker Biddle & Reath LLP on

The Fourth Circuit Court of Appeals has recently handed down a decision that impacts the TCPA landscape. In Family Health Physical Medicine, LLC v. Pulse8, LLC, the court reversed a lower court’s dismissal of a TCPA claim,...more

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