After a delay due to the COVID-19 crisis, the Supreme Court heard oral arguments on Wednesday in a case—William P. Barr, et al. v. American Association of Political Consultants, et al.—that could very well result in the Telephone Consumer Protection Act (TCPA) being ruled unconstitutional. We offer you a summary of these oral arguments based on a reading of several expert analyses.
In the ongoing saga of what sorts of dialing technology is considered an automatic telephone dialing system (ATDS)—and thus subject to the Telephone Consumer Protection Act’s (TCPA) regulations on autodialers—the Second Circuit Court of Appeals has bucked recent trends and adopted the precedent of the Ninth Circuit’s extremely broad ATDS def
On consecutive days last week, two different district courts in two different circuits handed down rulings in two different Telephone Consumer Protection Act (TCPA) cases that rejected a common argument that would have essentially rendered any computer-based dialer as an Automatic Telephone Dialing System (ATDS). One case—Decapua v. Metro. Prop. & Cas. Ins. Co., C.A. No.
A recent complaint filed in the Southern District of California accuses the animal rights, nonprofit organization People for the Ethical Treatment of Animals (PETA) of violating the Telephone Consumer Protection Act (TCPA) by sending automated text messages promoting the meat substitute Beyond Meat. Beyond Meat is also named as a defendant in the class action.
In a potentially significant decision, a Florida district court ruled that a prominent text message platform is not an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Twilio is not the defendant in the class action—Northrup v. Innovative Health Ins. Partners, LLC, Case No: 8:17-cv-1890-T-36JSS, 2020 U.S. Dist. LEXIS 31851 (M.D. Fl. Feb.
The Southern District of New York Court rendered a costly judgment against the defendant in Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 203613 (S.D.N.Y. Nov. 22, 2019): $197,000 for 380 calls that violated the Telephone Consumer Protection Act (TCPA).
Class members in a recent Telephone Consumer Protection Act (TCPA) class action settlement—Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist. LEXIS 187225 (N.D. Ill. Oct. 28, 2019)—each received approximately 2.5% of the payout that they were originally promised.
An Arizona District Court granted a motion to have a recent Telephone Consumer Protection Act (TCPA) class action transferred to another district court in a case that emphasizes the important differences between different circuits with regards to TCPA case law and Automatic Telephone Dialing System (ATDS) definitions.