Topic
Autodialing
155 published works
Consumer Finance Monitor
SCOTUS rules TCPA exception for automated calls to collect government debts violates First Amendment but leaves TCPA’s general automated call restriction in place
By Daniel JT McKenna, Ballard CFS Group
On July 6, the U.S. Supreme Court ruled in Barr v. American Association of Political Consultants that the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to…
Global Media and Communications Watch
U.S. Supreme Court Finds TCPA’s Federal-Debts Exemption Unconstitutional; Leaves Rest of TCPA Intact
By Mark Brennan, Arpan Sura, Ambia Harper
Supreme Court held that the TCPA’s federal-debts exemption is a content-based law that violated the First Amendment and severed the exemption from the TCPA.
TCPA Watch
Supreme Court Declares TCPA Government-Debt Exception Unconstitutional but Severs Provision to Preserve Remainder of TCPA
By Andrew C. Glass, Gregory N. Blase, Joseph C. Wylie II, Molly K. McGinley, and Hollee M. Boudreau On Monday, the United States Supreme Court issued a decision upholding the…
Consumer Finance Monitor
Ninth Circuit rules TCPA prior express consent for autodialed calls must come from current subscriber, not intended recipient
By Daniel JT McKenna, Ballard CFS Group
The U.S. Court of Appeals for the Ninth Circuit has joined the Seventh and Eleventh Circuits in ruling that the “prior express consent” required by the Telephone Consumer Protection Act…
All About Advertising Law
Barr v. AAPC Oral Argument: Will SCOTUS Flush the TCPA Down The Toilet?
By Venable LLP, Leonard L. Gordon
On Wednesday May 6, 2020 the Supreme Court heard oral argument in Barr v. American Association of Political Consultants, Inc., a case that will answer whether the government debt exception…
Focus on Regulation
Second Circuit Panel Sides with the Ninth Circuit Panel on What Qualifies as an Autodialer
By Mark Brennan, Arpan Sura, Karen O'Neill Ocasio
A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer”…
Global Media and Communications Watch
Second Circuit Panel Sides with Ninth Circuit on What Qualifies as an Autodialer
By Mark Brennan, Arpan Sura, Karen O'Neill Ocasio
A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer”…
Class Action & Mass Torts
The Second Circuit Invites All The Party Plaintiffs To The Disco With Broad Definition Of ATDS Under The TCPA
By Lisa Yun Pruitt, Shannon Petersen
In Duran v. LaBoom Disco, Inc., No. 19-600-cv (2d Cir. Apr. 7, 2020), the Second Circuit joined the Ninth Circuit in expansively defining Automatic Telephone Dialing System (“ATDS”) under the…
Communications, Media & Entertainment
The Second Circuit Invites All The Party Plaintiffs To The Disco With Broad Definition Of ATDS Under The TCPA
By Lisa Yun Pruitt, Shannon Petersen
In Duran v. LaBoom Disco, Inc., No. 19-600-cv (2d Cir. Apr. 7, 2020), the Second Circuit joined the Ninth Circuit in expansively defining Automatic Telephone Dialing System (“ATDS”) under the…
Consumer Financial Services Law Monitor
Now That’s a Circuit Split: 2nd Circuit Cozies up to the 9th Circuit, and Disagrees With the 7th and 11th Circuits, on the Definition of Autodialer Under the TCPA
By David M. Gettings, David N. Anthony, Virginia Bell Flynn, Alan D. Wingfield, John C. Lynch, Brooke Conkle, Mandi Blackmon, Chad R. Fuller, Ethan G. Ostroff
On April 7, 2020, the Second Circuit added more uncertainty to the Telephone Consumer Protection Act (“TCPA”) with its decision on the meaning of an automatic telephone dialing system (“ATDS”)…