To embed, copy and paste the code into your website or blog:
Facebook, Inc. v. Duguid, in which the Supreme Court sharply limited the types of phone dialers implicating the Telephone Consumer Protection Act (“TCPA”) and its harsh statutory damages.
Proposals to amend the Act should now require support from moderate Republicans to reach an up-or-down vote in the Senate. If so, we can rule out anti-business legislation like a 2019 bill that proposed to bar calls made with “equipment that makes a series of calls to stored telephone numbers, including numbers stored on a list” (i.e., the 9th Circuit approach unanimously rejected in
Supreme Court Answers The Call: Clarifies Meaning Of mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
To embed, copy and paste the code into your website or blog:
A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court.
The case is
Walker v. Highmark BCBSD Health Options, Inc. The plaintiff, Christopher James Walker, accused Highmark of placing unsolicited automated/prerecorded calls to his cellphone, and those of putative class members, without consent.
Walker filed suit in Pennsylvania state court in November 2020. Highmark removed the case to the U.S. District Court for the Western District of Pennsylvania the following month.
To embed, copy and paste the code into your website or blog:
The federal government has waded into a debate on the constitutionality of the Telephone Consumer Protection Act (TCPA), an issue being litigated in the wake of the
Barr v. American Association of Political Consultants (AAPC) decision by the Supreme Court last year.
In 2015, Congress amended the TCPA to allow the use of automated technologies for calls made to collect debts owed to or guaranteed by the United States without the consent of the person being called.
But in 2020, the nation’s highest court ruled in
Relying on that decision, a TCPA defendant moved to dismiss a putative class action filed against it in the U.S. District Court for the Northern District of Ohio.
To embed, copy and paste the code into your website or blog:
Financial institutions, debt collectors, and consumer-facing businesses should take note that the United States Supreme Court has ruled that the definition of an “autodialer” under the Telephone Consumer Protection Act, as written, requires that the device must use a random or sequential number generator. This narrow interpretation should shield companies from liability in current or future actions, where the consumers’ telephone numbers are known and not random or sequentially generated.
In
Facebook, Inc. v. Duguid, 592 U.S. (2021), the United States Supreme Court (“SCOTUS”) narrowly interpreted the definition of “autodialer” under the Telephone Consumer Protection Act (“TCPA”), holding the definition excludes equipment that does