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Telephone Consumer Protection Act Cell Phones Debt Collection

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...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

Womble Bond Dickinson

Company Using Predictive Dialer Prevails in Post-Facebook Decision

Womble Bond Dickinson on

A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer. In Grome v. USAA Savings Bank, No. 4:19-CV-3080, 2021 WL 3883713 (D....more

McGlinchey Stafford

Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]

McGlinchey Stafford on

The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2020

Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Faegre Drinker Biddle & Reath LLP

A Divided Eleventh Circuit Holds that Incentive Awards are Prohibited

In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See...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

Faegre Drinker Biddle & Reath LLP

Court Finds that Debt Collection Makes Use Of Random or Sequential Number Generation Implausible

In a victory for debt collectors, the Central District of Illinois recently found that a plaintiff’s bare-bones allegations regarding use of an ATDS were particularly implausible because “the business of the defendant is such...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - August 2020

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - July 2020

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...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

Hogan Lovells

U.S. Supreme Court Finds TCPA’s Federal-Debts Exemption Unconstitutional; Leaves Rest of TCPA Intact

Hogan Lovells on

On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection...more

Seyfarth Shaw LLP

The U.S. Supreme Court Broadens The TCPA Class Action Trap For Unwary Businesses

Seyfarth Shaw LLP on

Seyfarth Synopsis: While many businesses hoped that the U.S. Supreme Court would blow up the ban on autodialed calls in the Telephone Consumer Protection Act (“TCPA”), on July 6, 2020, the nation’s highest court issued its...more

Seyfarth Shaw LLP

A Fractured Supreme Court Strikes Down and Severs the TCPA’s Government Debt Exemption, Leaving the Rest of the Statute Intact

Seyfarth Shaw LLP on

This week, a divided Supreme Court issued a plurality opinion in Barr v. American Association of Political Consultants, Inc. (“Political Consultants”) striking down and severing a 2015 amendment to the TCPA, which exempts...more

Ballard Spahr LLP

SCOTUS Rules TCPA Exception For Automated Calls To Collect Government Debts Violates First Amendment But Leaves TCPA’s General...

Ballard Spahr LLP on

On July 6, the U.S. Supreme Court ruled in Barr v. American Association of Political Consultants that the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts...more

Morgan Lewis

Supreme Court Severs Government-Debt Exception From TCPA

Morgan Lewis on

The US Supreme Court issued its decision in Barr v. American Association of Political Consultants Inc. on July 6, invalidating the government-debt exception to the Telephone Consumer Protection Act (TCPA) but leaving the rest...more

Clark Hill PLC

SCOTUS Severs and Removes Government Debt Exception to TCPA’s Restriction on Robocalling

Clark Hill PLC on

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 in response to a surge in consumer complaints regarding intrusive robocalls. As noted in the legislative history, consumers were “outraged” and considered...more

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