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Statutory Interpretation › Class Action › Telecommunications

Faegre Drinker Biddle & Reath LLP

Supreme Court Hears Oral Argument in Case Regarding FCC’s Authority to Interpret Telephone Consumer Protection Act

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Recently, the U.S. Supreme Court heard oral argument in a case that has the potential to sound the death knell to the Federal Communications Commission’s (FCC) authority to bind courts to its interpretation of the Telephone...more

Troutman Pepper Locke

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

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Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

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On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

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There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

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The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Hogan Lovells

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

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Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

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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

Womble Bond Dickinson

TCPA Disaster: Court Finds Manual Call May Still Violate the TCPA If It Occurred On Equipment That Has the Capacity to Dial...

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As the battle over the definition of an ATDS continues throughout the nation, a District Court in Virginia just entered the fight with a dagger. In Morgan v. On Deck Capital, Case No. 3:17-CV-00045, 2019 U.S. Dist. LEXIS...more

Womble Bond Dickinson

Coming Up Short: Court Denies Summary Judgment on ATDS use in TCPA Class Action Due to Evidentiary Shortcomings

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A magistrate judge in the Southern District of Florida has recommended that the Defendant’s motion for summary judgment based upon ATDS use be denied. Fortunately, this isn’t a Marks effect case. In fact, the legal definition...more

Akin Gump Strauss Hauer & Feld LLP

Retail Industry Leaders Association Urges the FCC to Address Key TCPA Issues

Akin Gump Strauss Hauer & Feld LLP on

• Companies across industries continue to face TCPA litigation and address compliance challenges. • The FCC will soon be addressing key TCPA issues in the wake of the D.C. Circuit’s ruling in ACA International. • One...more

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