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Solicitor General Constitutional Challenges

Troutman Pepper Locke

Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson, a former deputy solicitor general in the Missouri Attorney General’s office, welcomes Scott Stewart, solicitor general of...more

Sullivan & Worcester

The Supreme Court Denies Complaint in New Hampshire v. Massachusetts, Heightening the Importance of Individual Refund Claims

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The United States Supreme Court ("Supreme Court") denied New Hampshire’s bid to strike down as unconstitutional the Massachusetts regulation that governs personal income taxation for nonresidents who have been telecommuting...more

BCLP

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

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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

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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

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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

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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

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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

Ballard Spahr LLP

Solicitor General gets another extension to file response to Seila Law’s cert petition

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The U. S. Supreme Court has given the Solicitor General another extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari.  The petition seeks review of the Ninth...more

Ballard Spahr LLP

Solicitor General asks SCOTUS for extension to file response to Seila Law’s cert petition

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The Solicitor General has filed a motion with the U.S. Supreme Court asking for an extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari. The petition seeks...more

Ballard Spahr LLP

CFPB opposes PHH’s motion for leave to file supplemental response to petition for rehearing en banc

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The CFPB has opposed the motion filed by PHH for leave to file a supplemental response to the CFPB’s petition for rehearing en banc. On December 22, PHH and the United States filed responses to the CFPB’s petition with the...more

Ballard Spahr LLP

PHH and United States respond to CFPB’s petition for rehearing en banc; PHH seeks leave to file supplemental response

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PHH and the United States have filed responses with the D.C. Circuit to the CFPB’s petition for rehearing en banc.  The D.C. Circuit invited the Solicitor General to file a response expressing the views of the United States...more

Ballard Spahr LLP

D.C. Circuit: Solicitor General and PHH can respond by Dec. 22 to CFPB’s petition for rehearing en banc

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The D.C. Circuit has entered an order that provides the response of the United States to the CFPB’s petition for rehearing en banc is due by December 22, 2016.  The order also provides that PHH can file its response by...more

Ballard Spahr LLP

Members of Congress, consumer advocates file amicus briefs supporting CFPB’s petition for rehearing en banc in PHH case

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A group of 21 current and former members of Congress and a group of 10 consumer advocacy organizations have filed amicus briefs in support of the CFPB’s petition filed with the D.C. Circuit seeking a rehearing of its decision...more

Ballard Spahr LLP

D.C. Circuit orders PHH to respond to CFPB’s petition for rehearing en banc; invites response from Solicitor General

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The D.C. Circuit has entered an order directing PHH Corporation to file a response to the CFPB’s petition for rehearing en banc in CFPB v. PHH Corporation. The order, filed November 23, 2016, requires PHH to file its...more

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