News & Analysis as of

Robocalling First Amendment

Perkins Coie

AI-Generated Deepfakes and the Emerging Legal Landscape

Perkins Coie on

As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common. For example,...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

Ballard Spahr LLP

Sixth Circuit rules unconstitutionality of 2015 TCPA amendment did not invalidate claims for post-2015 TCPA violations not...

Ballard Spahr LLP on

The U.S. Court of Appeals for the Sixth Circuit recently ruled that the unconstitutionality of the 2015 TCPA amendment that created an exception to the robocall restriction for calls made to collect debts owed to the federal...more

Manatt, Phelps & Phillips, LLP

Post-Barr, Liability Attaches for Debt Collector—but With Damages Limitation—in Delaware

Interpreting the Supreme Court’s ruling in Barr v. American Association of Political Consultants, Inc., severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in...more

Bradley Arant Boult Cummings LLP

Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that...more

Faegre Drinker Biddle & Reath LLP

District Court Departs from Supreme Court Plurality to Find Government-Debt Collector Retroactively Liable Under TCPA — But...

For nearly five years, the TCPA explicitly excluded from liability calls made to collect government-backed debt. Naturally, government debt collectors relied on this exception and called debtors without fear of TCPA...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

Another District Court Joins Creasy Split

Recently, the Eastern District of Missouri added to the split among courts deciding whether they can hear TCPA claims alleging robocall violations that occurred when the now-invalidated government debt exception was part of...more

Faegre Drinker Biddle & Reath LLP

Two More District Courts Disagree with Creasy

Confusion continues amongst federal district courts in the wake of Barr v. American Association of Political Consultants, Inc. (“AAPC”), 140 S. Ct. 2335 (2020), the Supreme Court decision that held the TCPA’s government-debt...more

Faegre Drinker Biddle & Reath LLP

Eastern District of California Adds to Creasy Split

As we have reported... a growing number of district courts are issuing opinions addressing whether they have subject matter jurisdiction over TCPA claims alleging robocall violations that occurred when the government debt...more

Eversheds Sutherland (US) LLP

Dialing In: TCPA Top 5 Issues for 2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...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

Jackson Lewis P.C.

TCPA Is Unenforceable Since 2015 – Federal Courts In Louisiana And Ohio Rule

Jackson Lewis P.C. on

In late September, the United States District Court for the Eastern District of Louisiana issued a first of its kind ruling regarding the Telephone Consumer Privacy Act (“TCPA”). The court held that TCPA provision, 47...more

Womble Bond Dickinson

District Court Holds that Under Barr v. AAPC it Lacked Subject Matter Jurisdiction Over All TCPA Claims for Calls Made Prior to...

Womble Bond Dickinson on

In Stacy Creasy, et al. v. Charter Communications, Inc., No. CV 20-1199, 2020 WL 5761117 (E.D. La. Sept. 28, 2020) (Creasy), a putative class action, the plaintiffs accused defendant Charter Communications, Inc. of repeatedly...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

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