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Telephone Consumer Protection Act › Statutory Interpretation › Debt Collection

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

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

Troutman Amin LLP on

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

Ballard Spahr LLP

Sixth Circuit widens circuit split over TCPA autodialer definition

Ballard Spahr LLP on

In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (“ATDS”)...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights – February 2020

Hinshaw & Culbertson LLP on

Seventh and Eleventh Circuits Scale Back Scope of TCPA in Narrow Reading of ATDS - The Seventh and Eleventh Circuits provided grammar lessons and eliminated the least incorrect options to evaluate what constitutes an...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

Bradley Arant Boult Cummings LLP on

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020

Carlton Fields on

Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more

Akin Gump Strauss Hauer & Feld LLP

Eleventh Circuit Decision “Marks” a Further Shift in the TCPA Landscape

Akin Gump Strauss Hauer & Feld LLP on

Key Points - On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Faegre Drinker Biddle & Reath LLP

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on

In the span of fifteen days, TCPA defendants in two separate cases asked the U.S. Supreme Court to review two distinct but interwoven Ninth Circuit decisions on the constitutionality of the TCPA. Specifically, Facebook, Inc....more

Pierce Atwood LLP

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to...

Pierce Atwood LLP on

On September 24, 2019, the District of Massachusetts held in Katz v. Liberty Power Corp., LLC that the government debt collection exemption to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227 et seq., is an...more

Carlton Fields

Ninth Circuit Dials Back Robocall Exemption for Government Debt

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) has long banned certain people from spamming your cellphone with “robocalls” placed through automated dialers. But this ban did not extend to all types of robocalls. If the call...more

Womble Bond Dickinson

Government-Backed Debt Exemption Unconstitutional, Must Be Severed, Says Ninth Circuit

Womble Bond Dickinson on

After the TCPA went under the Fourth Circuit’s knife in AAPC v. FCC, No. 18-1588 (4th Cir. Apr. 24, 2019), the statute was back on the operating table with another constitutional challenge before the Ninth Circuit. In Duguid...more

Womble Bond Dickinson

Have You Heard?: Another ATDS Decision Out Today–This One Holding that Predictive Dialers Qualify Under the TCPA Even Without FCC...

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As soon as I posted the updated ATDS scorecard you knew it was bound to happen. And it did. A new monstrous ATDS decision. This one even more daring than the rest. In Heard v. Nationstar Mortg. Llc, Case No.:...more

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