News & Analysis as of

Telephone Consumer Protection Act Retroactivity

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Faegre Drinker Biddle & Reath LLP

FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity

At a Glance - - HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. - HB 761 also stated that it should be applied retroactively to...more

Faegre Drinker Biddle & Reath LLP

California District Court Criticizes Creasy, Concluding Barr Decision does not Deprive it of Jurisdiction

A district court from the Central District of California cast its lot against the growing argument that federal courts lack jurisdiction over TCPA claims based on conduct that occurred when the government debt exception was...more

Dorsey & Whitney LLP

Supreme Court has Opportunity to Reconcile Retroactivity Rulings: Will Callers Be On or Off the Hook?

Dorsey & Whitney LLP on

Given all of the activity swirling around the FCC and Capitol Hill these days, one thing seems inevitable—change is on the horizon. It still remains to be seen whether this comes in the form of new regulations, an order by...more

McGuireWoods LLP

TCPA Update – Amendment Exempting Federal Debts Held Retroactive

McGuireWoods LLP on

A case out of the Northern District of California has ruled that recent amendments to the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227, that exempt federally guaranteed loans from TCPA liability, are retroactive....more

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