Yesterday, a divided Supreme Court issued a plurality opinion in Barr v. American Association of Political
Consultants, Inc. (“Political Consultants”) striking down and severing a 2015 amendment to the TCPA, which exempts government debt collection calls (“government debt exemption”) from the statute’s general prohibition on calls to cell phones (“cell phone ban”). The
Post-Pandemic Litigation Webinar Series
From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time.
To help navigate the litigation landscape, we are kicking off a webinar…
Seyfarth Webinar: Desperately Seeking Post-COVID Sales? Don’t Forget About TCPA and the CAN-SPAM Act – July 15, 2020
Event Details
Wednesday, July 15, 2020
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific
Consumer spending in the US plunged more than 13% as a result of the COVID-19 pandemic. As states begin reopening and marketers begin refocusing on…
Law.com References Blog Post Written by Darren Dummit, Robert Milligan and Stanley Jutkowitz
A blog post authored by Seyfarth attorneys Darren Dummit, Robert Milligan and Stanley Jutkowitz, titled
“Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19,” was referenced in a new story from Law.com.
The Law.com article explores how TCPA class actions are targeting the cannabis industry.…
To Sever or Not to Sever: Supreme Court Grapples With Political Consultants’ First Amendment TCPA Challenge
Seyfarth Synopsis: On May 6, 2020, the Supreme Court heard oral arguments on a First Amendment
challenge to a 2015 amendment to the TCPA, which exempted calls regarding debts owed to the government from certain of its prohibitions. While most Justices seemed to agree that the exemption was a content based restriction on speech, the…
Communicating in the Time of Pandemic: FCC Clarifies that Certain COVID-19 Related Calls Are Exempt from TCPA Liability
Now more than ever businesses need to be able to quickly and efficiently communicate with clients and
customers about issues related to the COVID-19 pandemic. However, as many businesses know, the Telephone Consumer Protection Act (“TCPA”) is often an obstacle to quick and efficient communication. A new ruling from the FCC clarifies that certain calls
…
Supreme Court Declines to Overturn Landmark TCPA Jury Verdict
On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act (“TCPA”). As you may recall, on June 3, 2019, we reported on the Fourth Circuit’s opinion in Krakauer v. Dish Network…
Eleventh Circuit Dismisses TCPA Claim For Lack Of Standing Where Plaintiff Allegedly Received A Single Unsolicited Text Message
“The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly waved in one’s face. Annoying, perhaps, but not a basis for invoking the jurisdiction of the federal courts.”
Salcedo v. Hanna, No. 17-14077, 2019 WL 4050424,…
Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases
On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens Participation Act (“TCPA”) does not apply to diversity cases in federal court. This decision settles a…
Webinar Recap! Hot Topics and Trends in California Consumer Class Actions
We are pleased to announce the webinar “Hot Topics and Trends in California Consumer Class Actions” is now available as a webinar recording.
On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret…