News & Analysis as of

Telephone Consumer Protection Act › Stays

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

Eleventh Circuit Vacates FCC’s One-to-One Consent Rule; FCC Issues Stay

Troutman Pepper Locke on

In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more

Womble Bond Dickinson

Does a Single Call to a Cellphone Meet the Concrete Injury Requirement? The Drazen Decision is Forthcoming

Womble Bond Dickinson on

The U.S. District Court for the Middle District of Florida recently stayed Simpson v. J.G. Wentworth Co. in light of the Eleventh Circuit's pending en banc decision in Drazen v. Pinto. Both cases involve similar Telephone...more

Burr & Forman

Arizona District Court Stays TCPA Case Pending Ruling By Supreme Court in Barr v. AAPC

Burr & Forman on

Whittaker v All Reverse Mortgage Inc.. No. CV 20-08016-PCT-DLR, 2020 WL 28229785 (D. Ariz. May 29, 2020) - Plaintiff filed a putative class action, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 13, 2020

Carlton Fields on

Real Property Update - Foreclosure / Standing: Holder failed to prove standing to enforce note either at inception or at time of judgment because it failed to prove it had possession of original note and accompanying...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Eversheds Sutherland (US) LLP

Speed bump or roadblock? Florida court’s stay of TCPA case may signal trouble ahead for junk fax cases

Eversheds Sutherland (US) LLP on

In a decision that may have ripple effects in other pending Telephone Consumer Protection Act actions, on June 2, 2018, the US District Court for the Middle District of Florida issued a stay in Scoma Chiropractic, P.A. v....more

Dorsey & Whitney LLP

Patience is Waning: Courts Start Reversing Themselves on TCPA Stays as Delay on Omnibus Ruling Continues

Dorsey & Whitney LLP on

It has been 15 months since oral argument in the ACA’s appeal of the FCC’s 2015 Omnibus, and courts are starting to lose patience waiting for a decision by the D.C. Circuit. Last week, two district courts in California...more

Burr & Forman

Middle District of Florida Holds Arbitrability of TCPA Claims Question for Arbitrator

Burr & Forman on

Harrington v. Regions Bank, No. 2:15-cv-522-Ftm-29MRM (M.D. Fla. Jan. 29, 2016) - Before the Court was Defendant’s Motion to Compel Arbitration and Stay Proceedings. Plaintiffs opposed the Motion, contending that their...more

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