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
Hot Topics and Trends in California Consumer Class Actions
On Wednesday, August 7, 2019, at 12 p.m. CT, Seyfarth attorneys will review the latest consumer class action law developments affecting companies that do business in California. It is no secret that resourceful plaintiff’s attorneys target companies conducting business in California with expensive and time-consuming putative class actions alleging violations of federal or state consumer
Fourth Circuit Affirms $61 Million Treble Damages Award in TCPA Class Action Against Marketing Agency’s Customer
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from unsuspecting defendants. The Fourth Circuit held that TCPA plaintiffs need not show any threshold level of injury
D.C. Circuit Rolls Back FCC’s 2015 TCPA Rules
On March 16, 2018, the D.C Circuit issued a decision invalidating portions of the FCC’s 2015 TCPA Omnibus Declaratory Ruling and Order. Notably, the decision overturns as “arbitrary and capricious” the FCC’s definition of an automated telephone dialing system (“ATDS”) and the one-call safe harbor for calling a phone number that has been reassigned
Employer Defeats Novel TCPA Class Action
Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a company while acting as an employer – specifically in this instance, the use of robo-calls to contact applicants about employment