News & Analysis as of

ATDS Robocalling Barr v American Association of Political Consultants Inc

Manatt, Phelps & Phillips, LLP

ATDS Sufficiently Alleged, Illinois Court Says

The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal...more

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Manatt, Phelps & Phillips, LLP

Post-Barr, Sixth Circuit Says Debt Collectors Can Be Liable

Continuing the fallout from the now over-one-year-old decision in Barr v. American Association of Political Consultants, Inc., the U.S. Court of Appeals, Sixth Circuit ruled that the U.S. Constitution displaced the...more

Cozen O'Connor

Sixth Circuit Reverses District Court in TCPA Enforceability Challenge

Cozen O'Connor on

The Sixth Circuit recently issued a significant ruling in a closely watched TCPA proceeding. The Sixth Circuit ruled that the TCPA’s automated call provisions could be enforced against businesses in connection with calls...more

Faegre Drinker Biddle & Reath LLP

Another Fifth Circuit Court to Follow in Creasy’s Footsteps

The Eastern District of Texas recently dismissed a plaintiff’s TCPA claim in Cunningham v. Matrix Financial Services, LLC,  No. 4:29-cv-896 (E.D. Tex. Mar. 31, 2021) for lack of subject matter jurisdiction. This decision...more

Eversheds Sutherland (US) LLP

Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Supreme Court leaves TCPA intact; strikes down exception for government debt collection - The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more

Faegre Drinker Biddle & Reath LLP

Is Florida Queasy About Creasy?

On the same day last week, two different judges in the Middle District of Florida issued divergent decisions regarding the effect of the Supreme Court’s holding in Barr v. AAPC, 140 S. Ct. 2335, 2347 (2020). One followed the...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – October 2020

CFPB Issues Final Debt Collection Rule - Among other points, the first installment allows for using text messaging and email when collecting on debts, provided that the debt collector gives instructions about how to...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?

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

Foley & Lardner LLP on

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

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

Jackson Lewis P.C. on

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

Hogan Lovells on

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP on

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...

Ballard Spahr LLP on

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

Morgan Lewis

Supreme Court Severs Government-Debt Exception From TCPA

Morgan Lewis on

The US Supreme Court issued its decision in Barr v. American Association of Political Consultants Inc. on July 6, invalidating the government-debt exception to the Telephone Consumer Protection Act (TCPA) but leaving the rest...more

Clark Hill PLC

SCOTUS Severs and Removes Government Debt Exception to TCPA’s Restriction on Robocalling

Clark Hill PLC on

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 in response to a surge in consumer complaints regarding intrusive robocalls. As noted in the legislative history, consumers were “outraged” and considered...more

Poyner Spruill LLP

The Supreme Court Upholds Ban on Robocalls

Poyner Spruill LLP on

The Supreme Court affirmed the Telephone Consumer Protection Act’s  (TCPA) prohibition on robocalls this week – with one caveat. In Barr v. Am. Ass’n of Political Consultants, No. 19-631, July 6, 2020, the court struck down...more

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