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

By Sarah A. Zielinski, Jonathan Ellis, Amy Starinieri Gilbert, Kali Yallourakis, Benjamin Cook & 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 A. Zielinski Sarah A. Zielinski

Sarah’s practice focuses on class action litigation, complex commercial litigation, and compliance counseling. Her substantive areas of concentration include the antitrust laws and consumer protection statutes such as the Telephone Consumer Protection Act (TCPA).

Read more about Sarah A. ZielinskiEmail
Photo of Jonathan Ellis Jonathan Ellis

Jonathan is a co-chair of the firm’s Appeals and Issues Team and a member of the firm’s Complex Commercial Litigation Department. He focuses his practice on briefing and arguing appeals and dispositive motions, as well as counseling clients on complex legal issues. Jonathan…

Jonathan is a co-chair of the firm’s Appeals and Issues Team and a member of the firm’s Complex Commercial Litigation Department. He focuses his practice on briefing and arguing appeals and dispositive motions, as well as counseling clients on complex legal issues. Jonathan has argued nine cases before the U.S. Supreme Court and has also handled appeals and dispositive motions in other federal courts and state courts across the country. Jonathan has significant experience nationally in assisting clients in formulating appellate strategy both in pending appeals and at the trial court level before judgment.

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Photo of Amy Starinieri Gilbert Amy Starinieri Gilbert

Amy’s practice currently focuses on antitrust litigation and compliance counseling, class action litigation, as well as complex commercial litigation. Amy’s substantive experience also includes work in conjunction with consumer protection statutes, particularly the Telephone Consumer Protection Act.

Read more about Amy Starinieri GilbertEmail
Photo of Kali Yallourakis Kali Yallourakis

Kali focuses her practice on antitrust litigation and complex commercial litigation.

Read more about Kali YallourakisEmail
Photo of Benjamin Cook Benjamin Cook

Ben focuses his practice on antitrust litigation and complex commercial litigation. Before joining McGuireWoods, Ben served as a legal intern at the United States Attorney’s Office for the Northern District of Illinois.

Read more about Benjamin CookEmail
Photo of Tammy L. Adkins Tammy L. Adkins

Tammy’s practice focuses on complex commercial litigation, including consumer finance litigation, class actions, antitrust, and multidistrict litigation.

Read more about Tammy L. AdkinsEmail
  • Posted in:
    Privacy & Data Security
  • Blog:
    Password Protected
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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