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Telephone Consumer Protection Act › Constitutional Challenges › Statutory Interpretation

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Troutman Pepper Locke

Supreme Court Hears Oral Arguments on the Scope of Judicial Review Under the Hobbs Act

Troutman Pepper Locke on

On January 21, the Supreme Court heard oral arguments in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. As discussed here, the primary issue is whether the Hobbs Act, which limits judicial...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more

Robinson+Cole Data Privacy + Security Insider

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

Robinson+Cole Data Privacy + Security Insider on

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

Eleventh Cir. Rejects Broad Reading of “Autodialer”

Hogan Lovells on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on

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

Faegre Drinker Biddle & Reath LLP

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on

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

Pierce Atwood LLP

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to...

Pierce Atwood LLP on

On September 24, 2019, the District of Massachusetts held in Katz v. Liberty Power Corp., LLC that the government debt collection exemption to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227 et seq., is an...more

Carlton Fields

Ninth Circuit Dials Back Robocall Exemption for Government Debt

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) has long banned certain people from spamming your cellphone with “robocalls” placed through automated dialers. But this ban did not extend to all types of robocalls. If the call...more

Womble Bond Dickinson

Government-Backed Debt Exemption Unconstitutional, Must Be Severed, Says Ninth Circuit

Womble Bond Dickinson on

After the TCPA went under the Fourth Circuit’s knife in AAPC v. FCC, No. 18-1588 (4th Cir. Apr. 24, 2019), the statute was back on the operating table with another constitutional challenge before the Ninth Circuit. In Duguid...more

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