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Constitutional Challenges Supreme Court of the United States Discrimination

Greenbaum, Rowe, Smith & Davis LLP

Black History Month: Remembering the NJ-Born Physician Who Became the First Black Lawyer Admitted to Practice before the Supreme...

Born in Elsinborough Township in Salem County, New Jersey on October 13, 1825, John S. Rock was a person with amazing talents. After years of working as a physician, for health reasons he turned to the practice of law and in...more

Benesch

AAPC In Review

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In July of 2020, the Supreme Court issued its highly anticipated decision in Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020), known ever since as the AAPC decision. The Supreme Court set...more

BCLP

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

BCLP on

The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States...more

Womble Bond Dickinson

Supreme Court Strikes Down Government-Backed Debt Exception; TCPA Stands

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Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it.  Instead, the Court struck down a narrow exception to the TCPA, known as the...more

Eversheds Sutherland (US) LLP

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 collection has fallen, in a decision by the US Supreme Court addressing the constitutionality of the...more

Seyfarth Shaw LLP

To Sever or Not to Sever: Supreme Court Grapples With Political Consultants’ First Amendment TCPA Challenge

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 6, 2020, the Supreme Court heard oral arguments on a First Amendment challenge to a 2015 amendment to the TCPA, which exempted calls regarding debts owed to the government from certain of its...more

Womble Bond Dickinson

Supreme Court Debates Whether to Flush TCPA’s Autodialer Restriction During Barr v. AAPC Oral Argument

Womble Bond Dickinson on

It seems that the oral argument in Barr, Attorney General v. American Association of Political Consultants, Inc. may become better known for the toilet flush that could be heard in the course of the argument, rather than the...more

Burr & Forman

Duran v. La Boom Disco: It Is Time For SCOTUS To Decide The ATDS Issue

Burr & Forman on

Those of us who have been litigating the Telephone Consumer Protection Act (“TCPA”) have spent the better part of the last decade trying to determine what constitutes an automated telephone dialing system (“ATDS”).  ...more

Morrison & Foerster LLP - Class Dismissed

Supreme Court Grants Certiorari To Review Fourth Circuit’s TCPA Decision

On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants,...more

Davis Wright Tremaine LLP

Supreme Court Agrees to Review TCPA’s Constitutionality

The U.S. Supreme Court has granted certiorari to review whether a 2015 amendment to the Telephone Consumer Protection Act (TCPA) violates the First Amendment and/or if it perhaps renders the statute unconstitutional as a...more

Womble Bond Dickinson

Supreme Court to Review the Constitutionality of the Government-Backed Debt Exception to the TCPA

Womble Bond Dickinson on

The TCPA is off to an exciting start this new year. On Friday, January 10, 2020, the Supreme Court granted the Petition for Certiorari filed in Barr v. American Association of Political Consultants Inc., to review the...more

Ballard Spahr LLP

SCOTUS agrees to decide whether TCPA exception for calls to collect government debts violates First Amendment

Ballard Spahr LLP on

The U.S. Supreme Court has agreed to decide whether the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts violates the First Amendment of the U.S....more

Rosenberg Martin Greenberg LLP

What to Know About Wayfair and Its Impact on Maryland Sales Tax Audits

Earlier this year, the Supreme Court decided on the much-anticipated case of South Dakota v. Wayfair, 585 U.S. ___, 138 S.Ct. 2080 (2018). At issue was the validity of a statute applying sales tax to internet retailers that...more

Eversheds Sutherland (US) LLP

Step by Step: Employee Benefits in the Supreme Court

In conjunction with the start of the Supreme Court’s new term, Eversheds Sutherland took a look back at the Court’s work in employee benefit cases since the enactment of ERISA. We found an astonishing 128 decisions, spanning...more

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