Telecommunications, Auto-Dialed Calls, First Amendment

Eleventh Circuit Judges Question FCC’s One-to-One Consent Rule

Troutman Pepper Locke on 12/23/2024

On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more

Eleventh Cir. Rejects Broad Reading of “Autodialer”

Hogan Lovells on 1/31/2020

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

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Harris Beach Murtha PLLC on 1/30/2020

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Supreme Court Agrees To Review The Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on 1/13/2020

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

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

Faegre Drinker Biddle & Reath LLP on 11/15/2019

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

As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue

Faegre Drinker Biddle & Reath LLP on 10/18/2019

The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more

Ninth Circuit Dials Back Robocall Exemption for Government Debt

Carlton Fields on 6/27/2019

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

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More...

Womble Bond Dickinson on 12/4/2018

2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down--predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the...more

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

Burr & Forman on 10/12/2016

Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more

Political Organizations File Suit Over Constitutionality of TCPA

Burr & Forman on 6/15/2016

American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016). On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in...more

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