Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven other Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury required for standing in class actions filed under the Telephone Consumer Protection Act. Read on for details about this development and implications for TCPA class
FCC Drops Message That Ringless Voicemails Are Subject to TCPA
On Nov. 21, 2022, the Federal Communications Commission issued a declaratory ruling and order finding that “ringless voicemails” to wireless phones are “calls” made using an artificial or prerecorded voice. Such calls, therefore, are subject to the Telephone Consumer Protection Act and callers must obtain consent before delivering such messages.
Read on to learn about…
TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid
Federal courts in recent Telephone Consumer Protection Act cases served up two victories and one disappointment for the defense. Siding with the defense, the 7th U.S. Circuit Court of Appeals ruled that defendants do not carry the burden of proof at class certification, and the 8th Circuit joined other courts in maintaining a narrow autodialer…
Florida Enacts Mini-TCPA
On June 29, Gov. Ron DeSantis signed into law Senate Bill 1120, which amends the Florida Telemarketing Act and creates a state-law analog to the federal Telephone Consumer Protection Act.
Read on to learn about five key features of the new Florida statute, which went into effect July 1.
TCPA Standing: A New Circuit Split and Other Developments
Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is enough to satisfy Article III, which deviates from a prior 11th Circuit decision holding that one text message…
U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory
On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the Telephone Consumer Protection Act (TCPA). In a decision authored by Justice Sonia Sotomayor, the court adopted the narrow, pro-defendant definition of autodialer.
Continue Reading U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory
U.S. Supreme Court Signals Narrow Interpretation of TCPA’s Autodialer Definition
Update: On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved the circuit split regarding the meaning of “automatic telephone dialing system” under the Telephone Consumer Protection Act. For more details, see our alert.
On Dec. 8, 2020, the U.S. Supreme Court heard long-awaited oral argument in Facebook v. Duguid on what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA).Continue Reading U.S. Supreme Court Signals Narrow Interpretation of TCPA’s Autodialer Definition
Novel Arguments Could Help Defend Against Expansive TCPA Liability
Did the U.S. Supreme Court ruling in Barr v. American Association of Political Consultants wipe out nearly five years of liability under the Telephone Consumer Protection Act? One district court answered yes. Does the TCPA apply to text messages? An amicus brief in another case headed to the Supreme Court argued no.
For analysis of…
SCOTUS to Resolve Autodialer Circuit Split
Update: The Supreme Court on July 9 agreed to take up the issue of what constitutes an “automatic telephone dialing system” under the TCPA. For more details, please see our December 15 alert.
The meaning of “automatic telephone dialing system” (ATDS or “autodialer”) under the Telephone Consumer Protection Act (TCPA) has sharply divided courts, but businesses will soon have clarity. The U.S. Supreme Court on July 9, 2020, granted a petition for a writ of certiorari to resolve this hotly contested issue and the evolving circuit split.Continue Reading SCOTUS to Resolve Autodialer Circuit Split
Supreme Court Resolves Constitutional Challenge to Telephone Consumer Protection Act
The U.S. Supreme Court on July 6, 2020, issued its long-awaited opinion in Barr v. American Association of Political Consultants, which addressed whether a 2015 amendment to the Telephone Consumer Protection Act (TCPA) permitting automated calls to collect debts owed to or guaranteed by the federal government violated the First Amendment. In an unsurprising ruling, the U.S. Supreme Court affirmed the decision of the 4th U.S. Circuit Court of Appeals and invalidated the 2015 government-debt exception, but left intact the TCPA’s general prohibition on automated calls to cell phones without consent.
Continue Reading Supreme Court Resolves Constitutional Challenge to Telephone Consumer Protection Act