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Supreme Court of the United States › Telephone Consumer Protection Act › Certiorari

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

BCLP

TCPA Landscape Set to Shift With Supreme Court's Grant of Certiorari to Mclaughlin Junk Fax Case

BCLP on

Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more

Perkins Coie

Supreme Court To Review FCC Authority Over Junk Faxes

Perkins Coie on

In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4,...more

Ballard Spahr LLP

Supreme Court accepts case seeking to determine whether district courts must accept FCC’s interpretation of TCPA

Ballard Spahr LLP on

The U.S. Supreme Court has agreed to consider a case that could clarify whether the Hobbs Act, which limits judicial review of FCC final orders to appeals courts, means that district courts must accept the FCC’s...more

Troutman Pepper Locke

Supreme Court Grants Certiorari: Revisiting the Hobbs Act and FCC Interpretations

Troutman Pepper Locke on

On October 4, the Supreme Court granted certiorari in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. This case will address a critical question that has been a point of contention among various...more

Dorsey & Whitney LLP

The Supreme Court Update - October 4, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

Foley & Lardner LLP

No Incentive Awards for Class Representatives — Eleventh Circuit Rejects Reconsideration En Banc of Its One-of-a-Kind Bar

Foley & Lardner LLP on

Last week, the Eleventh Circuit declined, 7–4, to reconsider en banc a divided panel’s September 2020 decision barring incentive awards to class representatives for their work in class actions. As such, the Eleventh Circuit...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Asked to Review Retroactivity of Barr v. AAPC

Faegre Drinker Biddle & Reath LLP on

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

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Rules for Facebook in Much-Anticipated TCPA Ruling

Wilson Sonsini Goodrich & Rosati on

Resolves Years of Ambiguity Over What Equipment Is Covered by the TCPA On April 1, 2021, the U.S. Supreme Court issued its opinion in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to...more

Jackson Lewis P.C.

Supreme Court Issues Monumental TCPA Decision

Jackson Lewis P.C. on

In a decision certain to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, today the U.S. Supreme Court concluded narrowly that to qualify as an “automatic telephone dialing system”,...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

ArentFox Schiff on

The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

Foley Hoag LLP - Security, Privacy and the...

Supreme Court Considers Modern Applicability of TCPA's Robocall Ban in Duguid v. Facebook

Foley Hoag LLP - Security, Privacy and the... on

On December 8, 2020, the Supreme Court heard oral argument in Duguid v. Facebook, a landmark case that will determine whether a consumer can sue a company for using automated technology to text or call that consumer at a...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Hears Argument over Frequently Litigated Provision of the TCPA

Wilson Sonsini Goodrich & Rosati on

On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to what constitutes an "automatic telephone dialing system"—often referred to as an...more

Faegre Drinker Biddle & Reath LLP

Supreme Court to Hold Oral Argument via Teleconference in Facebook v. Duguid

Faegre Drinker Biddle & Reath LLP on

December 8, 2020, the Supreme Court will hold oral argument via teleconference in Facebook v. Duguid, which concerns the proper interpretation of the TCPA’s definition of an “automatic telephone dialing system...more

Morgan Lewis

Facebook v. Duguid – US Supreme Court to Decide Crucial Issue Affecting TCPA Liability

Morgan Lewis on

Facebook v. Duguid heads for oral argument before the US Supreme Court on December 8. The case is set to clarify one of the most confusing aspects of the Telephone Consumer Protection Act’s text affecting TCPA liability...more

Rothwell, Figg, Ernst & Manbeck, P.C.

TCPA Subject to Supreme Court Scrutiny (Again) – What Exactly is Autodialing?

Rothwell, Figg, Ernst & Manbeck, P.C. on

The  Telephone Consumer Protection Act (TCPA) was passed in 1991 and is known by many as the law that created the “do-not-call” rules.  The statute includes a number of restrictions related to telephone, text, and fact...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – September 2020

Hinshaw & Culbertson - Consumer Financial... on

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition also highlights the recently updated 50...more

Womble Bond Dickinson

Facebook and the United States Submit Briefs in Facebook, Inc. v. Duguid

Womble Bond Dickinson on

The Supreme Court’s decision to grant certiorari in Facebook, Inc. v. Duguid has been in the forefront of the TCPA world since July when news of the decision hit. With this granting of certiorari comes the promise to resolve...more

Faegre Drinker Biddle & Reath LLP

Supreme Court To Hear Facebook ATDS Argument on December 8th

Faegre Drinker Biddle & Reath LLP on

On September 16, the U.S. Supreme Court announced that it will conduct a telephonic oral argument for the Facebook, Inc. v. Duguid matter on December 8, 2020. As regular readers of our blog know, the Supreme Court granted...more

Hogan Lovells

U.S. Government urges Supreme Court to adopt reasonable interpretation of ATDS in TCPA case

Hogan Lovells on

The Supreme Court recently granted certiorari in Facebook, Inc. v. Duguid to resolve a deepening circuit split on the question of what qualifies as an automatic telephone dialing system (ATDS or autodialer) under the...more

Troutman Pepper Locke

TCPA: U.S. Government Advocates for Strict Reading of the Statute, ATDS Should Include Random or Sequential Generation Requirement

Troutman Pepper Locke on

The Acting Solicitor General submitted an amicus brief in Facebook v. Duguid on September 4, urging the Supreme Court to find that telephony must randomly or sequentially generate telephone numbers, then dial those numbers in...more

Faegre Drinker Biddle & Reath LLP

Facebook And U.S. Government File Supreme Court Briefs Supporting Narrow Interpretation Of ATDS Definition

Faegre Drinker Biddle & Reath LLP on

Last Friday, Facebook and the United States government filed briefs in Facebook, Inc. v. Duguid, the Supreme Court case that promises to resolve the growing circuit split over the interpretation of the definition of an ATDS....more

Womble Bond Dickinson

Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List

Womble Bond Dickinson on

Twenty days after the Supreme Court granted petition for writ of certiorari in Facebook v. Duguid to review the question of what constitutes an ATDS under the TCPA, the Sixth Circuit issued its own opinion addressing this...more

Hudson Cook, LLP

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

Hudson Cook, LLP on

Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

WilmerHale

SCOTUS Accepts Review of TCPA "Autodialer" Question

WilmerHale on

The U.S. Supreme Court has agreed to wade into the Telephone Consumer Protection Act (“TCPA”) fray again - this time over what qualifies as an autodialer under the TCPA. On July 9, 2020, the Supreme Court granted writ of...more

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