Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
In Perrong v. Bradford et al, the plaintiff alleged that the defendant, an elected official, violated the Telephone Consumer Protection Act (TCPA) by calling his residential phone using a prerecorded message and an automatic...more
On July 12, 2022, Representatives Raja Krishnamoorthi, D-Ill., and Katie Porter, D-Calif. introduced H.R. 8334 in the U.S. House of Representatives, which was referred to the Committee on Energy and Commerce. The bill would...more
Please join Troutman Pepper Partner Chris Willis and his guest and fellow Partner Stefanie Jackman as they discuss recent trends in Telephone Consumer Protection Act (TCPA) litigation, including how the landscape has changed...more
Key Points Telephone Consumer Protection Act (TCPA) litigation continues to pose significant risks to businesses that use calls, texts and faxes to engage with consumers. The U.S. Supreme Court’s unanimous decision in...more
An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more
The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text. The TCPA prohibits making calls without consent to cell...more
In 1890, Louis Brandeis wrote a seminal law review article on privacy, defining it as “the right to be left alone.” In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA) to reinforce that right. This month,...more
Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), with an...more
On April 1, 2021, the U.S. Supreme Court announced its decision in Facebook, Inc. v. Duguid, adopting the narrow "autodialer" standard under the Telephone Consumer Protection Act that Facebook favored. The unanimous opinion...more
On April 1, 2021, the Supreme Court released its highly anticipated and unanimous decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or...more
On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or autodialer) under...more
The United States Supreme Court recently issued its long-awaited opinion clarifying what qualifies as an “autodialer” and is therefore governed by the Telephone Consumer Protection Act of 1991 (TCPA), potentially providing...more
The ruling should limit the FCC's ability to rewrite the statute through administrative action. In Facebook, Inc. v. Duguid, the Supreme Court resolved the interpretive question at the heart of the swarm of litigation...more
A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted...more
On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more
Curtailing the reach of an antiquated robocall law, the U.S. Supreme Court has sharply limited what constitutes an “autodialer" under the Telephone Consumer Protection Act of 1991. The unanimous decision in Facebook,...more
Facebook, Inc. v. Duguid, No. 19-511: The Telephone Consumer Protection Act of 1991 (“TCPA”) provides a private right of action for those subject to the unlawful use of an “automatic telephone dialing system,” defined in the...more
On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself. The Court, in a...more
Starting in 2003 when the FCC adopted an expansive interpretation of the definition of an “automatic telephone dialing system” (ATDS) that included most modern telephone equipment, the plaintiffs’ bar has extracted hundreds...more
The Supreme Court unanimously ruled that the restriction in the Telephone Consumer Protection Act barring use of autodialers to make calls and text messages to cell phones does not apply to programmed lists of telephone...more
“At what point do we simply say . . . this statute is an ill fit for current technology?” – Justice Clarence Thomas Nearly 3 decades before Zack Morris ascended to the fictional governorship of California, he was America’s...more
On December 7, 2020 the Supreme Court heard oral argument in Facebook v. Duguid to address the circuit split over the interpretation of the statutory definition of automatic telephone dialing system (ATDS) under the TCPA. The...more
The 1991 Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, seems straightforward enough. Prerecorded calls to residences are prohibited, as are calls made using an "automatic telephone dialing system" to cell phones,...more
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
Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) in Hampton v. Barclays Bank Del. The Court concluded the...more