Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
Consumer Finance Monitor Podcast Episode: Prof. Hal Scott Doubles Down on His Argument That CFPB is Unlawfully Funded Because of Combined Losses at Federal Reserve Banks
Hospice Insights Podcast - What a Difference No Deference Makes: Courts No Longer Bow to Administrative Agencies
False Claims Act Insights - How a Marine Fisheries Dispute Opened an FCA Can of Worms
The Loper Bright Decision - What Really Happened to Chevron and What's Next
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 210: Impacts of the Chevron Doctrine Ruling with Mark Moore and Michael Parente of Maynard Nexsen
Consumer Finance Monitor Podcast Episode: The Demise of the Chevron Doctrine – Part II
Consumer Finance Monitor Podcast Episode: The Demise of the Chevron Doctrine – Part I
In That Case: Loper Bright Enterprises v. Raimondo
Regulatory Uncertainty: Benefits-Related Legal Challenges in a Post-Chevron World — Troutman Pepper Podcast
The End of Chevron Deference: Implications of the Supreme Court's Loper Bright Decision — The Consumer Finance Podcast
Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court – Diagnosing Health Care
#WorkforceWednesday® - Chevron Deference Overturned - Employment Law This Week®
AGG Talks: Healthcare Insights Podcast - Episode 3: The Future of Agency Deference in Healthcare Regulation
Consumer Finance Monitor Podcast Episode: Supreme Court Hears Two Cases in Which the Plaintiffs Seek to Overturn the Chevron Judicial Deference Framework: Who Will Win and What Does It Mean? Part II
Consumer Finance Monitor Podcast Episode: Will Chevron Deference Survive in the U.S. Supreme Court? An Important Discussion to Hear in Advance of the January 17th Oral Argument
Podcast: Chevron Deference: Is It Time for Change? - Diagnosing Health Care
Are You a Foreign Agent? [More with McGlinchey, Ep. 21
Law School Toolbox Podcast Episode 248: Listen and Learn -- Introduction to Homicide
VIDEO: Update on Third Party Workers’ Compensation Settlements in Pennsylvania
On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more
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
On September 21, the Eastern District of Wisconsin denied a motion to partially dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (TCPA), holding that the Do Not Call provision of...more
On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more
We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more
On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more
On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more
The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991. However, since passage of the Act there has been considerable debate...more
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
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
The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS. In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more
The Marks decision gets stronger by the day. In a recent case out of the District Court for the Eastern District of California, a judge applied the Marks definition of an ATDS and granted the plaintiff’s motion for summary...more
For well over a year now since the D.C. Circuit’s opinion in ACA International v. FCC, the pendulum has swung back and forth amongst federal courts on the definition of an automatic telephone dialing system (ATDS) at...more
On January 28, 2019, petitioner Crunch San Diego, LLC, filed a petition for a writ of certiorari with the U.S. Supreme Court, asking the Court to review the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, 904 F.3d...more
Comments are due in a number of important TCPA proceedings in October. In response to a major decision out of the Ninth Circuit last month, which further entrenched a circuit split regarding interpretations of the definition...more
As promised, here is Volume II following Eric’s Volume I, of our team’s analysis on the supplemental comments on the FCC’s TCPA Public Notice. Crunch San Diego, LLC - No surprises here. Crunch San Diego, LLC was armed...more
As this year speeds to a close, we are on pins and needles to see if the FCC will issue a ruling this Fall in the great ACA Int’l TCPA remand. After all, the FCC provided only two weeks for comment in its latest Public Notice...more
Supplemental Public Notice on TCPA Scope Post Marks - Well the Marks case just got even bigger somehow. After the extreme position taken by the Ninth Circuit Court of Appeal two weeks ago the Federal Communications...more
This week, Erin Kubota prognosticated how the United States Circuit Courts of Appeals will decide automatic telephone dialer cases (“ATDS”) post the monumental Marks ruling from the Ninth Circuit on September 20, 2018...more
We clearly do not have a crystal ball here in TCPAland, otherwise we would have been able to accurately predict the Ninth Circuit’s monumental recent decision in Marks v. Crunch San Diego, LLC, 2018 WL 4495553 (9th Cir. Sept....more
• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA. • The ruling creates a split of authority as to whether the...more
We broke the news this morning that the Ninth Circuit published its opinion in Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018). We now have a new definition of an ATDS in the Ninth...more
In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of...more
Over the last few weeks we have written numerous articles assessing Telephone Consumer Protection Act (“TCPA”) cases addressing the scope of the statute’s definition of automated telephone dialing systems (“ATDs”) as the...more
As we reported here last week, the FCC is seeking comment on a number of key issues that were addressed in ACA Int’l. One of these key issues is the definition of the term “called party,” which has the potential to completely...more