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TCPA Litigation After Recent Supreme Court, FCC, Other Rulings

This article sets out practice implications of three recent Supreme Court cases, two FCC rulings, and other court decisions dramatically reshaping TCPA litigation: Article III standing; the autodialer definition; constitutionality of TCPA claims arising prior to an unconstitutional provision’s severance; general limits on prerecorded calls; new limits on debt collector-recorded calls to residential lines; and seller liability for “do-not-call” rule violations.

The TCPA Year in Review: Spokeo, FCC Rulings, and a Torrent of Court Decisions (updated February 6, 2017)

2016 was an active year for changes concerning the Telephone Consumer Protection Act (TCPA). This article highlights the following changes, with more detail found in NCLC’s Federal Deception Law ch. 6, as most recently updated online on January 6, 2017 (The chapter has now been updated online again on February 6, 2017, including a new January 30, 2017 Ninth Circuit decision in Van Patten v...

The TCPA Year in Review: New Precedent re Challenges to Unwanted Calls, Texts, & Faxes

2017 saw hundreds of new decisions and FCC actions interpreting the Telephone Consumer Protection Act (TCPA), which provides significant statutory damages for unwanted calls, texts, and faxes. This article outlines the areas where there has been the most significant case law and FCC activity in 2017. All links are to NCLC’s Federal Deception Law Chapter 6—a detailed analysis of all significant...

The Latest TCPA Decisions on Robocalls

Significant decisions on the TCPA—allowing $500 damages ($1500 if willful or knowing) for each unwanted robocall or robotext—pour in almost daily. This article summarizes the very latest developments on the definition of “autodialer” (the key TCPA issue today), the limited impact of arbitration requirements, revocation of consumer consent, and more.

Supreme Court Applies TCPA to Text Messages, Affirms FCC’s Vicarious Liability Principles

On Tuesday, January 20, 2016, in Campbell-Ewald Co. v. Gomez, ___ U.S. ___, 2016 WL 228345 (Jan. 20, 2016), the Supreme Court held that an unaccepted Rule 68 offer did not moot a TCPA class action. (A separate article will discuss the Rule 68 holding.) The decision includes several important TCPA holdings as well. Chapter 6 of NCLC’s Federal Deception Law (2d ed. 2016, to be released in early...

Groundbreaking New Ninth Circuit TCPA Decision on Autodialers

The definition of an autodialer is key to providing effective TCPA remedies and to stopping the onslaught of unwanted calls to Americans’ cellphones. This article examines a new groundbreaking Ninth Circuit decision and other very recent case law defining auto dialer.

Courts in 2019 Reshape the TCPA in 8 Ways—Mostly to the Good

As discussed in this article, a slew of 2019 court rulings are reshaping private litigation against robocallers. The federal student loan collectors’ exemption was declared unconstitutional; the Supreme Court issued smoke signals on the weight given FCC orders; the TCPA was ruled applicable to new types of robocalls; cases interpreted whether predictive dialers are covered; and Spokeo challenges generally lost.