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TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid

By Sarah Zielinski, Jonathan Ellis, Amy Starinieri Gilbert & Tammy L. Adkins on April 1, 2022
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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 definition. Defendants were less pleased when the U.S. Supreme Court denied a petition that would have resolved the enforceability of the autodialer prohibitions.

Read our alert to learn more about these developments and their implications for businesses defending against TCPA claims and class actions.

Photo of Sarah Zielinski Sarah Zielinski
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Photo of Jonathan Ellis Jonathan Ellis

Jonathan is a Chambers USA-ranked national appellate lawyer and co-leader of the firm’s Appeals and Issues Practice Group. He helps clients design winning legal strategies in appeals and high-stakes litigation. Jonathan has argued nine cases before the U.S. Supreme Court and filed…

Jonathan is a Chambers USA-ranked national appellate lawyer and co-leader of the firm’s Appeals and Issues Practice Group. He helps clients design winning legal strategies in appeals and high-stakes litigation. Jonathan has argued nine cases before the U.S. Supreme Court and filed hundreds of briefs at the merits and certiorari stages before the Court. He has handled appeals and dispositive motions in other federal courts and state courts across the country. He has significant experience nationally in assisting clients in formulating appellate strategy, both in pending appeals and at the trial court level before judgment. And he has challenged and defended federal agency actions at every level of the federal judiciary.

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Photo of Amy Starinieri Gilbert Amy Starinieri Gilbert
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Photo of Tammy L. Adkins Tammy L. Adkins
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