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Rivkin Radler LLP

Missing the Tax Court’s 90-Day Deficiency Deadline – Now What?

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Over the years, I have observed there is only one thing that a taxpayer fears more than being notified by the IRS that their income tax return for a particular taxable year has been selected for audit, and that is being...more

Troutman Pepper

Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA

Troutman Pepper on

The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental...more

Rivkin Radler LLP

Justices May Hesitate to Review Calif. Fraud Coverage Case

Rivkin Radler LLP on

Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Asked to Review Retroactivity of Barr v. AAPC

The retroactivity of the Supreme Court’s decision in Barr v. AAPC is back before the Supreme Court to decide—if, that is, it grants the petition for certiorari that was just filed by the Defendant in Lindenbaum v. Realgy....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

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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

Manatt, Phelps & Phillips, LLP

Supreme Court To Decide Constitutionality of Government-Backed Debt Exception

The U.S. Supreme Court has agreed to weigh in on the constitutionality of the exception to the Telephone Consumer Protection Act (TCPA) for government-backed debt, namely whether that exception violates the First Amendment...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

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

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

Goodwin

TCPA’s Constitutionality Under the First Amendment Poised For Supreme Court Intervention

Goodwin on

On December 2, 2019, the United States government submitted a brief to the Supreme Court urging it to deny review of a Ninth Circuit Court of Appeals ruling holding a provision of the Telephone Consumer Protection Act (TCPA)...more

Faegre Drinker Biddle & Reath LLP

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

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

Faegre Drinker Biddle & Reath LLP

As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue

The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more

MoFo Reenforcement

The Madden Saga Continues: On Remand, Madden Survives Summary Judgment and District Court Certifies Class

MoFo Reenforcement on

On February 27, 2017, the U.S. District Court for the Southern District of New York in part denied a renewed motion by Midland Funding, LLC (“Midland”) to dispose of claims brought by Saliha Madden (“Madden”) under the Fair...more

Manatt, Phelps & Phillips, LLP

SCOTUS Declines Hearing Madden: Are Industry Repercussions Limited?

In a disappointing move, the Supreme Court today denied the petition by Midland Funding to hear the case Madden v. Midland Funding. But could the inaction by the Supreme Court be much ado about nothing?...more

Polsinelli

Bank Preemption: Solicitor General Does Not Support Supreme Court Review

Polsinelli on

Weighing in recently on a debt collector's petition for writ of certiorari in Madden v. Midland Funding, LLC, the United States Solicitor General agreed that the Second Circuit was wrong in concluding that the National Bank...more

Ballard Spahr LLP

Solicitor General to participate in SCOTUS oral argument in FDCPA case

Ballard Spahr LLP on

On March 29, 2016, the U.S. Supreme Court will hear oral argument in a Fair Debt Collection Practices Act case in which the CFPB joined the Solicitor General in filing an amicus brief in support of the plaintiffs. The court...more

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